Nicholson v. Haldimand-Norfolk Regional Board of Commissioners of Police, (1983) 1 O.A.C. 65 (DC)

Judge:Van Camp, O'Leary and Eberle, JJ.
Court:Superior Court of Justice of Ontario
Case Date:November 30, 1983
Jurisdiction:Ontario
Citations:(1983), 1 O.A.C. 65 (DC)
 
FREE EXCERPT

Nicholson v. Police Commr. (1983), 1 O.A.C. 65 (DC)

MLB headnote and full text

Nicholson v. Haldimand-Norfolk Regional Board of Commissioners of Police

Indexed As: Nicholson v. Haldimand-Norfolk Regional Board of Commissioners of Police

Ontario Divisional Court

Van Camp, O'Leary and Eberle, JJ.

November 30, 1983.

Summary:

A probationary police officer was dismissed summarily. He appealed to the Supreme Court of Canada, which quashed the dismissal in a judgment reported, [1979] 1 S.C.R. 311; 23 N.R. 410. Subsequently the respondent board convened to consider the matter and affirmed that the officer should be dismissed. The officer applied to quash the board's decision.

The Ontario Divisional Court dismissed the application.

Administrative Law - Topic 2088

Natural justice - Constitution of board or tribunal - Bias - Apprehension of - A regional board of police commissioners heard complaints against a probationary officer - The Ontario Divisional Court held that failure of the board to issue a blank subpoena, failure to accept a transcript of the officer's prior cross-examination rather than his direct testimony, and the board's ordering of the officer's discharge, did not raise a reasonable apprehension of bias - See paragraphs 7 to 10.

Counsel:

P. Osier, for the applicant;

P. Amey, for the respondent;

D.W. Brown, Q.C. and J. Zarudny, for the Attorney General.

This application was heard before Van Camp, O'Leary and Eberle, JJ., of the Ontario Divisional Court, on October 27 and 28, 1983. The decision of the court was delivered orally by Van Camp, J., and released on November 30, 1983.

To continue reading

FREE SIGN UP