Awards and decisions will be released in the language of the hearing. However, these documents will be translated in French or English at the request of a party to the proceedings, or at the discretion of the Commission upon request from a member of the public. Awards and decisions relating to hearings where the clients have participated in both English and French will be released in both languages simultaneously.

Section 40 Rights

Severance issues arising from the abolition or reduction of a police force.

Query Results
Classification Award # Award Date Arbitrator Municipality
Remedies   Damages - Duty to mitigate - Uniform members - Section 40 arbitration - Quantum of severance owing to estate of deceased member - Onus on board to demonstrate that officer failed to mitigate his losses - Severance agreement negotiated between board and association applied to officer with necessary modifications - Under severance agreement, terminated employees required only to apply to OPP - Officer not subject to any more demanding mitigation terms than other members - No requirement to mitigate lost salary - Alternatively, board failed to demonstrate that officer did not do so - Supplementary award.
See Also: Remedies, Severance, Severance Pay
Download PDF file 15-006 11/05/2015 Trachuk, L. Leamington
Remedies   Damages - Uniform members - Section 40 arbitration - Determination of severance owing to estate of deceased officer - Estate argued board breached duty of care by proceeding with disbandment of service before Criminal Code and Police Services Act charges against officer were determined - Arbitrator’s jurisdiction limited to determining severance payable to officer as a result of disbandment - No jurisdiction to award damages.
See Also: Disbandment, Remedies, Severance, Severance Pay
Download PDF file 15-001 01/20/2015 Trachuk, L. Leamington
Remedies   Costs - Uniform members - Section 40 arbitration - Determination of severance owing to estate of deceased officer - Estate seeking payment of legal costs incurred by officer in defending himself against Police Services Act charges and expenses related to arbitration proceeding - Arbitrator has no jurisdiction to order payment of legal costs related to disciplinary proceeding - Pursuant to s. 124(6) of PSA parties required to pay their own costs and expenses of arbitration proceeding.
See Also: Disbandment, Remedies, Severance, Severance Pay
Download PDF file 15-001 01/20/2015 Trachuk, L. Leamington
Remedies   - Costs - Uniform members - Disbandment - Divisional Court decision indicating arbitrators have authority to issue costs determinations in these matters - Arbitrator fixing costs of grievor’s representation. Section 40
See Also: Disbandment, Pensions, Remedies, Rank
Download PDF file 02-019 11/27/2002 McLaren, R. Meaford-Thornbury

Rows Returned: 4


Ontario Police Arbitration Commission