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|
|Citations:||(1983), 1 O.A.C. 65 (DC)|
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.
A probationary police officer was dismissed summarily. He appealed to the Supreme Court of Canada, which quashed the dismissal in a judgment reported,  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.
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.
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