Police Services Bd. v. Police Assoc., (2000) 138 O.A.C. 322 (DC)

• Judge: Coo, Carnwath and MacKenzie, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: May 24, 2000
• Jurisdiction: Ontario
• Citations: (2000), 138 O.A.C. 322 (DC)

Police Services Bd. v. Police Assoc. (2000), 138 O.A.C. 322 (DC)

MLB headnote and full text

Temp. Cite: [2000] O.A.C. TBEd. OC.059

Hamilton-Wentworth Police Services Board (applicant) v. Hamilton-Wentworth Police Association (respondent)

(877/99)

Indexed As: Hamilton-Wentworth Police Services Board v. Hamilton-Wentworth Police Association

Court of Ontario

Superior Court of Justice

Divisional Court

Coo, Carnwath and MacKenzie, JJ.

October 3, 2000.

Summary:

Vice squad officers of a police service had customarily drank alcohol seized in raids. Several officers were charged with theft and conspiracy to commit theft. The Crown stayed the charges acknowledging delay in prosecution. The officers sought payment of their legal fees from the applicant pursuant to their collective agreement. An arbitrator found for the officers. The applicant sought judicial review.

The Ontario Divisional Court allowed the application and set aside the arbitrator's award.

Labour Law - Topic 6765

Industrial relations - Collective agreement - Interpretation - Employee rights - Right of indemnification - Vice squad officers of a police service had customarily drank alco­hol seized in raids - Criminal charges against several officers were stayed be­cause of delay - The collective agreement provided that the Hamilton-Wentworth Police Services Board would pay officers legal fees incurred as a result of "acts done in the attempted performance in good faith of duties as a police officer" - The Board refused to reimburse the officers - An arbitrator allowed the officers' grievance finding that it was an established routine for the officers to review events from the previous shift in a relaxed social at­mosphere on police premises and that the consumption of alcohol was in the perfor­mance of their duties - The Ontario Divi­sional Court allowed the Board's judicial review application and set aside the ar­bitrator's award - The arbitrator's finding was patently unreasonable.

Police - Topic 6667

Police commission - Inquiry - Legal ex­penses of officers - [See Labour Law - Topic 6765 ].

Cases Noticed:

Board of Commissioners of Police of Hamilton-Wentworth Region v. Hamil­ton-Wentworth Police Association (1991), 45 O.A.C. 301 (Div. Ct.), dist. [para. 7].

Counsel:

D.K. Gray, for the applicant;

B. Chercover, for the respondent.

This application was heard on May 24, 2000, before Coo, Carnwath and MacKenzie, JJ., of the Ontario Divisional Court, who released the following decision on October 3, 2000.