Wayne Penner v. Regional Municipality of Niagara Regional Police Services Board, et al. (January 11, 2012)
Case # 33959
In 2003, the appellant was arrested for causing a disturbance during his wife’s trial. Penner filed a complaint with the Police Services Board, alleging police misconduct, unlawful arrest, the use of unnecessary force and assault. At the police disciplinary hearing, the hearing officer dismissed the complaint, a decision that was upheld by the Divisional Court.
Penner started a civil proceeding that was based largely on allegations that were the subject matter of the disciplinary hearing.
The issue in this appeal is whether the Ontario Court of Appeal erred in dismissing the appellant’s civil claims on the basis of issue estoppel, which prevents the re-litigation of an issue that has been decided by a court or a tribunal in previous proceedings.