Chambers v. Chatham-Kent Police Services Board

Chambers v. Chatham-Kent Police Services Board

The Court of Appeal allowed the appeal, holding there was no evidence article 6.01(b) was a colourable device; the expiry of a fixed-term appointment is not a dismissal under the Police Services Act; the three-year-three-month term did not undermine the deputy chief's independence; the trial judge's declaration was set aside and costs were awarded to the appellant.

Citation
2007 ONCA 414
Parties
Applicant (respondent): John M. Chambers; Respondent (appellant): Chatham-Kent Police Services Board
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
5 June 2007
Procedural Posture
Civil / Appeal to Court of Appeal From Superior Court Judgment
Outcome
Appeal allowed; judgment below set aside; costs to appellant fixed at $7,500 inclusive of disbursements and G.S.T.
Legal Topics
Fixed Term Contract, Dismissal, Police Independence, Public Policy, Severability, Remedy
Source Language
English
Civil Administrative Law Employment Law Police Law Fixed Term Contract Dismissal Police Independence Public Policy +2 more

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Parties

John M. Chambers

Applicant (respondent)

Chatham-Kent Police Services Board

Respondent (appellant)

Procedural Posture

Civil / Appeal to Court of Appeal From Superior Court Judgment

Legal Issues

  1. 1 Whether article 6.01(b) was a colourable device to effect termination contrary to the Police Services Act
  2. 2 Whether the expiry of the fixed-term contract constituted dismissal contrary to the Police Services Act
  3. 3 Whether the duration of the fixed-term contract undermined the independence required of a deputy chief of police

Ratio Decidendi

The Court of Appeal allowed the appeal, holding there was no evidence article 6.01(b) was a colourable device; the expiry of a fixed-term appointment is not a dismissal under the Police Services Act; the three-year-three-month term did not undermine the deputy chief's independence; the trial judge's declaration was set aside and costs were awarded to the appellant.

Court Disposition

Appeal allowed; judgment below set aside; costs to appellant fixed at $7,500 inclusive of disbursements and G.S.T.

Orders

  • Judgment of the Superior Court set aside.
  • Costs of the appeal to the appellant fixed at $7,500 inclusive of disbursements and applicable G.S.T.