What considerations must be considered in determining the disposition of a hearing officer’s finding that the penalty imposed by the hearing officer was excessive?

Ontario, Canada


The following excerpt is from Walker and Peel Regional Police Service, 2000 CanLII 45061 (ON CPC):

43. It is the responsibility of the Hearing Officer to ensure that these considerations are properly taken into account. It is not our function to second-guess the Hearing Officer’s decision particularly in those cases where we might have imposed a different disposition (Bright v. Konkle). Rather, it is our role to assess whether or not the Hearing Officer applied the correct principles and whether or not in the circumstances the penalty imposed is clearly or manifestly excessive.

Other Questions


How have courts directed hearing officers to not be overly critical of the language used by hearing officers? (Ontario, Canada)
What considerations must a court consider in determining the reasonableness of the use of force by a police officer against a suspect? (Ontario, Canada)
What considerations will the court consider when determining retroactive downward variation of child support by a payor? (Ontario, Canada)
What are the factors used to determine the penalty imposed on a lawyer for gross misconduct? (Ontario, Canada)
What are the remaining disposition factors in a hearing officer's assessment of a charge of assault? (Ontario, Canada)
What are the reasons and reasons of a hearing officer’s analysis of disposition factors? (Ontario, Canada)
What steps must be considered in a disposition hearing? (Ontario, Canada)
What is the discretionary power of a judge hearing a contempt motion to decline to impose a finding where it would work an injustice in the circumstances of the case? (Ontario, Canada)
What factors will a hearing officer consider when deciding whether to grant a conditional discharge? (Ontario, Canada)
What considerations will the court consider when determining retroactive variation of child support? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.