Under the Ontario Police Services Act, documents prepared as a result of a public complaint against a police officer are inadmissible in a civil action. In two recent decisions, the Divisional Court and the Court of Appeal have reached seemingly irreconcilable conclusions on the use that can be made of such information in the context of a lawsuit. The law is currently in an uncertain state, with potential implications for other areas in which administrative and court proceedings may overlap.
Lawyers Weekly — Focus on Civil Litigation, May 27, 2011