The appellant police officer was found guilty of misconduct under the Police Services Act.
The hearing officer, the Ontario Civilian Police Commission, and the Divisional Court all applied a balance of probabilities standard of proof.
On appeal, the Court of Appeal held that it was bound by the Supreme Court of Canada's decision in Penner, which established that the standard of proof in PSA hearings is a higher standard of 'clear and convincing evidence', not a balance of probabilities.
The appeal was granted and the matter remitted to the Commission.
