Brockville Police Association v. Board of Commissioners of Police of Brockville and Barton, (1992) 54 O.A.C. 1 (DC)

• Judge: O'Driscoll, O'Brien and Rosenberg, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: December 11, 1991
• Jurisdiction: Ontario
• Citations: (1992), 54 O.A.C. 1 (DC)

Police Assoc. v. Police Commrs. Bd. (1992), 54 O.A.C. 1 (DC)

MLB headnote and full text

The Brockville Police Association (applicant) v. The Board of Commissioners of Police for the City of Brockville, and Peter G. Barton (respondents)

(No. 145/91)

Indexed As: Brockville Police Association v. Board of Commissioners of Police of Brockville and Barton

Ontario Court of Justice

Divisional Court

O'Driscoll, O'Brien and Rosenberg, JJ.

January 7, 1992.

Summary:

An arbitrator refused to include the position of secretary to the Chief of Police within the bargaining unit and to determine the appropriate rate of pay for the position. The Police Association applied for judicial review to quash the decision, declare the position within the bargaining unit and remit the matter to the arbitrator to determine the appropriate salary.

The Ontario Court of Justice, Divisional Court, allowed the application.

Arbitration - Topic 8403

Judicial review - Grounds - Misconduct - Patently unreasonable interpretation - The Ontario Police Commission declared that the secretary to the Brockville Chief of Police was a senior officer because she worked in a confidential capacity - The Brockville Police Association (bargaining for civilian and uniformed members) applied to include the secretary in the bargaining unit, where there was not a separate association for senior officers pursuant to the Police Act, s. 30(2) - The arbitrator declined to include the secretary - The Ontario Divisional Court quashed the arbitrator's decision, where it was an incorrect and patently unreasonable interpretation of s. 30(2) - See paragraphs 24 to 36.

Cases Noticed:

Dayco Canada Ltd. v. National Automobile, Aerospace and Agricultural Implement Workers Union of Canada (CAW - Canada) (1990), 40 O.A.C. 219; 74 O.R.(2d) 648, leave to appeal to S.C.C. granted, 49 O.A.C. 400, refd to. [para. 35].

Statutes Noticed:

Police Act, R.S.O. 1980, c. 381, sect. 23(1), sect. 23(2) [para. 8]; sect. 29 [para. 11]; sect. 29(3) [para. 23]; sect. 30 [para. 9]; sect. 30(2) [para. 20]; sect. 32 [para. 12]; sect. 33, sect. 35(1) [para. 31].

Counsel:

Ian G. Scott, Q.C., and R.P. Stephenson, for the applicant;

W.J. Hayter, for the respondents.

This application was heard on December 11, 1991, before O'Driscoll, O'Brien and Rosenberg, JJ., of the Ontario Court of Justice, Divisional Court. The decision of the court was delivered by O'Driscoll, J., and released on January 7, 1992.