Metropolitan Toronto Police Association v. Inflation Restraint Board and Metropolitan Toronto Board of Commissioners of Police, (1984) 4 O.A.C. 150 (DC)

• Judge: O'Leary, Craig and J. Holland, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: April 18, 1984
• Jurisdiction: Ontario
• Citations: (1984), 4 O.A.C. 150 (DC)

Police Assoc. v. Inflation Restraint Bd. (1984), 4 O.A.C. 150 (DC)

MLB headnote and full text

Metropolitan Toronto Police Association v. Inflation Restraint and Metropolitan Toronto Board of Commissioners of Police

No. 523/83

Indexed As: Metropolitan Toronto Police Association v. Inflation Restraint Board and Metropolitan Toronto Board of Commissioners of Police

Ontario Divisional Court

O'Leary, Craig and J. Holland, JJ.

June 6, 1984.

Summary:

The Metro Toronto Police Association alleged that "service pay" and "qualification supplements" received by police association members qualified as "compensation rates" within the meaning of the words in s. 12(1) of the Inflation Restraint Act 1982, and therefore the 5% statutory increase provided for in the section applied to those forms of remuneration.

The Inflation Restraint Board disagreed and excluded such payments from the operation of the section. The police association applied for judicial review of the Board's decision.

The Ontario Divisional Court allowed the application and held that the payments were included in the phrase "compensation rates" and thus were subject to s. 12(1) of the Act. The court held that the Board's interpretation of the words was patently unreasonable.

Administrative Law - Topic 8930

Boards and tribunals - Powers - Procedure - Section 3(1) of the Inflation Restraint Act gave the Inflation Restraint Board the authority to make rules for the conduct of its own affairs and for the procedure to be observed before it - The Ontario Divisional Court held that the Board was not authorized under s. 3(1) to make a rule which varied the meaning of a term expressly defined in the Act or further defined by order-in-council under s. 25 of the Act - See paragraphs 5 to 7.

Words and Phrases

Compenstion Rates - The Ontario Divisional Court held that the phrase "compensation rates" in s. 12(1) of the Inflation Restraint Act, S.O. 1982, c. 55, included "qualification supplements" and "service pay" received by police association members - See paragraphs 7 to 9.

Statutes Noticed:

Inflation Restraint Act, S.O. 1982, c. 55, sect. 3(1) [paras. 5, 7]; sect. 4(f) [paras. 4, 7]; sect. 12(1) [paras. 3, 7 to 9].

Counsel:

Ian J. Roland, for the applicant, Metropolitan Toronto Police Assoc.;

B.H. Stewart, Q.C., for the Metropolitan Board of Commissioners of Police;

P.W. Lockett, Q.C., for Attorney General of Ontario.

This application was heard before O'Leary, Craig and J. Holland, JJ., of the Ontario Divisional Court on April 18, 1984. The decision of the Divisional Court was delivered orally by O'Leary, J., and released on June 6, 1984.