Woodward McKaig

The Applicants sought judicial review of a decision by the Regional Municipality of Niagara Police Services Board, which declined to extend the time for service of a Notice of Disciplinary Hearing on two police officers beyond the six-month period under s. 83(17) of the Police Services Act.

The Divisional Court found that the Board breached procedural fairness by not providing the Applicants with the officers' submissions or an opportunity to respond.

The Court also found the Board's decision unreasonable for failing to consider the causes of delay holistically.

The Board's decision was quashed and remitted for reconsideration.

The Corporation of Haldimand County sought leave to appeal a decision of the Assessment Review Board that granted U.S. Steel Canada Inc. vacancy tax rebates for periods during which it had locked out its unionized employees.

The Board had found that the maintenance activities conducted during the lockouts did not constitute 'use' of the property under Ontario Regulation 325/01.

The Divisional Court granted leave to appeal, finding that there was good reason to doubt the correctness of the Board's statutory interpretation of 'use' and 'vacant property' in the context of a voluntary lockout, and that the issue was of sufficient public importance to warrant appellate review.

Following a successful appeal to the Divisional Court that revoked a decision of the Ontario Civilian Commission on Police Services, the appellant police officers sought costs against the respondent.

The court applied the principles from Boucher v. Public Accountants Council, fixing costs on a partial indemnity basis at $7,500, inclusive of fees, disbursements, and GST.

Two police officers appealed a decision of the Ontario Civilian Commission on Police Services, which had revoked a Hearing Officer's decision exonerating them of unlawfully exercising authority.

The officers had arrested a disruptive individual in a courtroom during a trial.

The Divisional Court allowed the appeal, finding that the Commission erred by ignoring the Hearing Officer's credibility findings and by incorrectly concluding that a Justice of the Peace's contempt power superseded a police officer's power to arrest for a criminal offence in the courtroom.

The Hearing Officer's decision was restored.