Ontario Provincial Police Block

Interim commissioner of Ontario Provincial Police was fired in March

Brad Blair, former interim commissioner of the Ontario Provincial Police, has filed a $15-million lawsuit for wrongful termination against Premier Doug Ford and several top-level civil servants.

At a news conference, Blair's lawyer, Julian Falconer, said that the statement of claim for the lawsuit was filed Friday morning, calling it "the only way Brad Blair can push for accountability."

Falconer and Blair also called for a public inquiry into provincial appointments made under Ford, calling them "questionable."

"Nothing short of a commission of inquiry … will actually give a full airing to the issues," said Falconer.

By mid-afternoon Friday, Ford's government had released a statement, saying that since the matter was before the courts, it would be inappropriate to comment.

Turbulence began last fall

The dispute between the premier and Blair grew out of the government's move last November to name Toronto Police Supt. Ron Taverner as the OPP's new commissioner.

Blair, a 32-year veteran of the OPP, was in the running for the job. In December, Blair made a public appeal to Ontario's ombudsman to investigate what he called "questions of political interference" in Taverner's appointment. Taverner is a longtime friend of Ford and his family.

Blair was fired in early March, within days of Taverner withdrawing his name from contention for the top police job.

Ontario's integrity commissioner cleared Ford of allegations of political interference in Taverner's appointment.

On Friday, Blair went into detail about his experience over the last few months.

He described his decision to raise concerns about Taverner, saying that he believed himself "duty-bound" to come forward.

He also said his later firing came as a shock, and resulted in him being cut off from the organization he spent more than three decades with.

"We have been cut off from our OPP family," he said, visibly emotional.

He also said that failing to challenge his dismissal would put "every OPP officer at the risk of the same fate."

Blair accused of 'unprovoked personal and political attack'

The wrongful dismissal suit isn't Blair's only legal action against the provincial government.

He is also pursuing a $5-million defamation suit against Ford over comments the premier made suggesting Blair had violated Ontario's Police Services Act.

That came out of Blair's decision to reveal documents that suggested Ford's staff wanted the OPP, which provides the premier's security, to spend more than $50,000 on a customized van.

In the defamation suit, Blair is suing Ford over statements he made in December and January suggesting that Blair broke the law by releasing confidential material obtained through his job as deputy commissioner of the OPP.

Ford denies that anything he said about Blair at the time was defamatory.

In their statement of defence, filed in April, lawyers for Ford say he made his comments about Blair to the media in response to "a calculated, widely publicized, public, malicious and unprovoked personal and political attack."

Ford's lawyers say Blair "used and abused" his position in the OPP to go after the premier.

None of the allegations in the case by either side has been proven in court.

https://www.cbc.ca/news/canada/toronto/ ... -1.5281588

TORONTO -- A former deputy Commissioner of Ontario's provincial police force is launching a $15 million wrongful dismissal lawsuit against the Ontario government.

Brad Blair is also calling for a commission of inquiry to investigate what he alleges are a string of "corrupt" government appointments.

The veteran officer says his firing in March traumatized his family and he has still not been told why he was terminated.

Blair's lawyer alleges the former officer was targeted for speaking out about government attempts to hire a longtime friend of Premier Doug Ford as OPP commissioner.

Blair has also asked the courts to force the provincial ombudsman to investigate that hiring, which was eventually abandoned by the government.

He had previously launched a defamation suit against Ford himself, alleging the premier damaged Blair's reputation when he accused him of breaking the Police Services Act.

Ford's office declined to comment on the wrongful dismissal suit, saying the matter is before the court.

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https://www.sootoday.com/ontario-news/f ... ng-1690946

Former OPP deputy commissioner Brad Blair will speak publicly for the first time Friday about his dismissal from the police service and his libel lawsuit against Premier Doug Ford.

Blair has scheduled a media conference at Queen’s Park to discuss “his efforts in safeguarding the independence and credibility of the province’s largest police service and exposing government abuse,” a statement from his lawyer’s office said Thursday. “Mr. Blair will appear alongside his wife, Danielle Blair, and legal counsel to discuss next steps in his search for government accountability and transparency.”

Lawyer Julian Falconer has said that Blair was fired because he criticized the hiring of long-time Ford family friend Toronto Police Supt. Ron Taverner as the new OPP commissioner.

Blair filed a $5-million defamation lawsuit in March, alleging the premier accused him of violations of the Police Services Act which subjected him to embarrassment, scandal and ridicule.

The claims, which have not been proven in court, say Ford’s motive was to punish the senior OPP officer for publicly questioning the appropriateness of the process that led to Taverner’s appointment.

Taverner subsequently turned down the job offer.

A statement of defence filed on behalf of Ford, also not proven in court, said the officer used his position to launch personal and political attacks against the premier for his own interests.

https://torontosun.com/news/provincial/ ... -speak-out

A former deputy Ontario Provincial Police commissioner has filed a $15 million wrongful dismissal suit against Premier Doug Ford, his departed chief of staff Dean French, and senior bureaucrats for his firing in the wake of the Taverner affair.

Brad Blair — who sounded the alarm over the hiring of Ford friend Ron Taverner as OPP boss and exposed the premier’s push for a travel van with a $50,000 customization that included a reclining sofa, minifridge and television — launched the legal action Friday in Ontario Superior Court of Justice, six months after his termination last March.

“The impact of the firing has quite frankly traumatized me,” Blair, choking back emotions at times, told a news conference at Queen’s Park with his wife, Danielle, and lawyer Julian Falconer.

“The reason this man got fired is for embarrassing the premier,” Falconer added.

Blair compared the career blow to losing his father to cancer at the age of 21, saying “the OPP was my family.”

The 33-year veteran of the country’s second-largest police force also called for a public inquiry into how Taverner, a 72-year-old Toronto police superintendent, was initially appointed OPP commissioner by the government before bowing out amid a public outcry about a potential conflict of interest.

Blair sought the commissioner’s job but was passed over in favour of Taverner after required qualifications for the post were lowered, clearing the way for someone of Taverner’s rank to apply.

Falconer charged the hiring process was “rigged” and put the OPP’s independence at risk with a pal of the premier at the helm of a police force tasked with investigating government if circumstances warrant, as was the case in a previous Liberal administration’s gas-plants scandal in which former premier Dalton McGuinty’s chief of staff was convicted and sent to jail.

Blair said he was terminated without 26 weeks’ severance to which he was entitled and without compensation for 88 banked vacation days, but is on a full pension. He has already filed a grievance with the Public Service Grievance Board to get his job back, but Falconer called it a “Byzantine” process, necessitating the wrongful dismissal suit.

The aim is to return to the OPP or to be allowed to “retire with dignity,” added Blair, who said he had no choice but to go public with concerns about the independence of the OPP because his superior, deputy community safety minister Mario Di Tommaso, was involved in the Taverner hiring.

“I had no one to go to.”

Ford would not comment directly on the lawsuit because it is before the courts but his office issued a statement saying it will continue “to support all the members of the OPP, especially on matters relating to mental health and supporting our front-line officers.”

“As the premier has said before, his concern is and always has been protecting and supporting the front-line officers who put their lives on the line every single day to protect our communities,” said spokeswoman Ivana Yelich.

The lawsuit comes during a federal election in which federal Conservative Leader Andrew Scheer’s campaign is having to distance itself from the Ford government, which has stumbled in the polls since its spring budget.

Deputy Ontario NDP Leader Sara Singh said her party supports the push for a public inquiry to delve deeper and call witnesses into the questionable hiring of Taverner.

“It didn’t appear to be independent, frankly.”

Danielle Blair said her husband’s firing has had a “life-changing” impact on their family, leaving them “feeling like somebody’s kicked a stool out from underneath of you.”

“I’ve been with Brad 37 years. We’ve moved across this province four times in the service of the OPP and the citizens of Ontario. He’s put his life on the line, he’s put his well being on the line many times, but if there’s one thing he’s always done t’s the right thing.”

The wrongful dismissal suit, which has not been proven in court, also names Di Tommaso, who personally fired Blair, deputy attorney general Paul Boniferro and former cabinet secretary Steve Orsini, who resigned in December.

It also alleges misfeasance in public office, negligence, negligent misrepresentation, and intentional infliction of mental suffering.

French, who was Ford’s controversial chief of staff, left the government in June in a cronyism scandal after a friend of his son’s and a cousin of his wife’s were appointed to six-figure jobs as Ontario’s trade representatives in New York and London, respectively. Those posts were rescinded by Ford the following day.

The wrongful dismissal suit is the latest in a series of legal moves by Blair, who has also filed a $5 million lawsuit against Ford that alleges the premier defamed him by saying Blair had breached the Police Services Act.

When he revealed the information about a travel van for the premier and a profane tirade by Ford about new faces on his OPP security detail, Community Safey Minister Sylvia Jones accused Blair of releasing “private information for personal gain.”

Blair said Friday that information came to him as interim commissioner after the departure of Vince Hawkes from the job last fall from “senior officers in the OPP…with significant concerns” that the customized van request was another sign of government interference in the operations of the force, which provides security for the premier.

Taverner asked that his appointment be delayed last Dec. 15 pending an investigation by Ontario’s integrity commissioner into any involvement in the hiring. Ford was eventually cleared, but the integrity commissioner’s report cautioned the hiring process was “troubling” and “flawed.”

Falconer called the integrity commissioner’s office and the office of the ombudsman, which refused to investigate the Taverner hiring, “Keystone cops” and said there were no consequences to the integrity commissioner’s report.

On March 6, two days after Blair was fired, Taverner withdrew his name from consideration for the OPP commissioner’s job. The government then appointed York Regional Police deputy chief Thomas Carrique as head of the force.

https://www.thestar.com/politics/provin ... -ford.html

TORONTO - A former high-ranking provincial police officer is suing the Ontario government for wrongful dismissal, alleging he was fired for speaking out against attempts to hire a friend of Premier Doug Ford's family as the province's top cop.

Brad Blair also called for a public inquiry into what he alleged was a string of "corrupt" appointments in the Progressive Conservative government.

In his lawsuit, the former deputy commissioner of the Ontario Provincial Police also accuses Ford, his former chief of staff and other government bureaucrats of breaching his charter rights and abuse of public office — allegations that have not been proven in court.

Blair was terminated in March after speaking out publicly against attempts to hire Toronto police Supt. Ron Taverner as OPP commissioner.

"I have served the OPP faithfully and honourably since 1986 and due to my efforts in safeguarding the independence and credibility of the province's largest service from improper political interference I was fired," he said Friday in a news conference.

Blair's statement of claim further alleges the veteran officer spoke out to prevent anyone from "co-opting the country's second-largest police service for political and/or personal advantage to the premier."

Earlier this year, Blair asked the courts to force the provincial ombudsman to investigate that hiring, which was eventually abandoned by the government. He has also launched a defamation suit against Ford himself, alleging the premier damaged Blair's reputation when he accused him of breaking the Police Services Act.

A spokeswoman for Ford declined to comment on the wrongful dismissal suit.

"As this matter is before the court it would be inappropriate for us to comment further," Ivana Yelich said in a statement.

Blair said Friday he needed to challenge his "unlawful" firing because of the message it has sent to officers across Ontario. He likened the loss of his career to the death of his father.

"If you've ever lost a parent, you'll know the incredible amount of sadness and loss that you feel," he said. "That's what it feels like to me. The OPP was my family."

Blair's wife, Danielle, said her husband's termination has been traumatizing.

"We've moved across this province four times in the service of the OPP," she said. "He's put his life on the line, he's put his well-being on the line. But if there's one thing he's always done, he's always done the right thing."

Blair also called for a commission of inquiry to investigate what he called a string of "corrupt" government appointments. The Ford government has been embroiled in a scandal involving a number of appointees after close links to the premier's now former chief of staff Dean French were revealed.

That controversy prompted the dismissal of a number of appointees, French's resignation and triggered a pair of government probes.

Green party Leader Mike Schreiner said he supports Blair's call for a public inquiry into the appointments process, calling Blair's dismissal "deeply concerning."

"Even the appearance of improper interference by the premier's office in firing a whistleblower undermines public trust," he said in a statement. "A public inquiry would shed light on what happened, and enable the government to move forward with changes to improve the appointments system to ensure fairness and accountability."

http://www.pentictonherald.ca/news/nati ... 1c1ab.html

https://www.cp24.com/news/ex-opp-office ... -1.4591466

The fired Ontario police commander waging multiple legal battles against Progressive Conservative Premier Doug Ford appeared in public for the first time on Friday to call for a public inquiry into his allegations and to launch a $15-million wrongful dismissal lawsuit.

Former Ontario Provincial Police deputy-commissioner Brad Blair, who served as the force’s interim boss and was in the running for the permanent job last year, was dismissed in March after raising allegations of cronyism in the attempt to hire Toronto Police Superintendent Ron Taverner, a personal friend of the Premier’s, to lead the OPP.

And it was Mr. Blair who, in legal filings containing sensitive police e-mails, unveiled an alleged attempt by the Premier’s office to spend $50,000 to retrofit a police van with a big-screen TV and other amenities for Mr. Ford’s use.

Flanked on Friday by his wife, Danielle, and his Toronto lawyer at a Queen’s Park media conference, Mr. Blair’s voice wavered, and his wife wiped away tears, as they talked about the personal toll taken by his firing after spending 33 years with the OPP.

“I lost my father at the age of 21 to cancer. And if you ever lost a parent, you’ll know the incredible amount of sadness and loss that you feel," Mr. Blair said. "That’s how I would compare it. That’s what it feels like to me. The OPP was my family.”

Mr. Ford’s office issued a statement declining to comment on the case, as it is before the courts. “As the Premier has said before, his concern is and always has been protecting and supporting the front-line officers who put their lives on the line every single day to protect our communities,” the statement reads.

The latest claim is the fourth legal action launched in Mr. Blair’s nearly year-old battle with Mr. Ford and the Ontario government. It follows a libel lawsuit over the Premier’s public comments about him, a complaint before the Ontario Public Service Grievance Board over his firing and a suit seeking to force the Ontario Legislature’s Ombudsman to investigate his case.

Friday’s lawsuit, which contains allegations that have not been proven in court, seek $13-million in damages for Mr. Blair for “wrongful termination, misfeasance in public office, negligence, negligent misrepresentation, intentional infliction of mental suffering” and breaches of his Charter rights. It also seeks $2-million in damages for his wife Danielle and their two adult children.

The Legislature’s Integrity Commissioner issued a report in March that said while Mr. Ford himself had not broken any conflict-of-interest rules in Supt. Taverner’s hiring, the process was “flawed” and “troubling.” That 102-page report outlined how Mr. Ford’s then-chief of staff, Dean French, and the province’s former top civil servant, Steve Orsini, discussed Supt. Taverner’s bid for the job behind the scenes and how the eligibility criteria were rewritten in a way that allowed for Supt. Taverner, a mid-level commander, to apply. The report also suggested that a public inquiry “may be useful.” The Opposition NDP has repeatedly called for the government to allow an inquiry, to no avail.

Mr. Blair’s lawyer, Julian Falconer, called the Ombudsman’s and the Integrity Commissioner’s investigations “utter failures.” He pointed to the other “cronyism” allegations that have dogged Mr. Ford’s government, saying an independent commission of inquiry is the only way to get answers.

The government has said Mr. Blair was let go for breaching his confidentiality oaths by airing the OPP e-mails he included in his court filings. But Mr. Blair’s latest lawsuit says he never faced a prosecution under the Police Services Act for those alleged breaches and the province’s Attorney-General has never raised their “alleged sensitive confidentiality” with the court or attempted to seal them.

https://beta.theglobeandmail.com/canada ... c-inquiry/

Fired after criticizing the hiring process for Ford family friend Ron Taverner to the top OPP job, the provincial police service’s former deputy commissioner is seeking a Commission of Inquiry to look at “corrupt” provincial government appointments.

Brad Blair is also seeking $15 million in damages in a wrongful termination lawsuit that names Premier Doug Ford, his former chief of staff Dean French and senior bureaucrats, in addition to a previously announced $5 million libel lawsuit against Ford.

Blair, with wife Danielle at his side, said what he really wants is to be back in uniform doing the job he loved.

“He’s put his life on the line, he’s put his well-being on the line many times but if there’s one thing he’s always done, he’s always done the right thing,” Danielle said, wiping away tears.

“I’m just very proud of him.”

Blair was the acting commissioner of the OPP and a candidate for the permanent version of that job when Taverner, a Toronto Police superintendent, was announced as the winning candidate.

Taverner bowed out after questions were raised about the impartiality of the process.

Blair was fired March 4 by people deeply involved in Taverner’s hiring, his lawyer Julian Falconer said.

“You take a 32-year career and you flush it down the toilet,” Falconer said.

“Instead of being recognized for his service, it’s flushed down the toilet.”

When he turned to two legislative watch dogs, the Ombudsman and the Integrity Commissioner, Blair was again failed, Falconer said.

The issue was not Taverner but the ‘rigged’ process used to put him in that position, he said.

A Commission of Inquiry would offer an independent investigation of not only Taverner’s appointment, but that of several people connected to French, he said.

Blair was asked how he felt to be pulled from the service in that manner, and he compared it to losing his father at age 21.

“That’s what it felt like to me; the OPP was my family,” he said.

Ford’s office issued a statement on his behalf that thanked the uniformed and civilian men and women of the OPP.

“Our government will continue to work with OPP Commissioner, Thomas Carrique, to support all the members of the OPP, especially on matters relating to mental health and supporting our front-line officers,” the statement said.

“As the Premier has said before, his concern is and always has been protecting and supporting the front-line officers who put their lives on the line every single day to protect our communities.”

Ford’s office said it would be inappropriate to comment on a matter before the courts.

https://torontosun.com/news/provincial/ ... blair-said

Toronto Police Superintendent Ron Taverner helped organize a banquet to honour the police commander-turned-civil servant who, weeks later, would hire him as the head of the Ontario Provincial Police.

Workplace e-mails exchanged last year between Supt. Taverner and Ontario Community Safety deputy minister Mario Di Tommaso, released to the The Globe and Mail through a freedom of information request, provide new details about the relationship between the former colleagues.

Last November, the provincial government chose Supt. Taverner to head the OPP – Canada’s second-largest police force. Months later, however, he abandoned his pursuit of the job after a public outcry over his long-standing friendship with Premier Doug Ford.

But another relationship – Supt. Taverner’s ties to Mr. Di Tommaso, his former commanding officer at the Toronto Police Service, was relevant to the hiring process. The Progressive Conservative government hired Mr. Di Tommaso first, in October, 2018, and as a newly minted deputy minister he presided over the OPP commissioner selection process.

Since then, in lawsuits and the legislature, critics have asked whether the two police colleagues of almost 40 years were in a conflict of interest.

The records released to The Globe show that, prior to the hiring process playing out, the two men had praised each other’s careers in several e-mails they exchanged with fellow officers.

“Folks, as you are aware, our [colleague] and friend Mario [Di Tommaso] is moving on to a new chapter,” Supt. Taverner said in one message circulated last October, spreading the word about a $25-a-head luncheon for his departing boss. The function, he said, would “celebrate Mario and the outstanding contributions to [the] Toronto Police Service and the Community."

Four days after that Oct. 18, 2018, event, Mr. Di Tommaso started his new job. That same day, the deputy minister’s department posted a notice saying it was accepting applications for the vacant position of OPP commissioner.

Six weeks later, after Mr. Di Tommaso had helped interview and screen several high-ranking police commanders from different forces, he relayed a job offer. “Supt. Taverner … I require confirmation by email that you accept,” his Nov. 29 e-mail read. “Deputy Minister Di Tomasso … with great excitement, I accept,” was the reply.

The released e-mail records also show that earlier that fall Mr. Di Tommaso had backed Supt. Taverner’s bid for a 50-year service medal when both were still at the Toronto Police Service. “I can personally attest to his leadership and his exemplary service,” he wrote.

The same September, the then-staff superintendent copied Toronto Police Chief Mark Saunders and several deputy chiefs on a separate e-mail praising Supt. Taverner for marking his 51st anniversary with the service. "Your leadership, your dedication to duty and your commitment to public service is an inspiration to us all.”

The Globe addressed questions about these e-mails to Supt. Taverner and Mr. Di Tommaso through their respective workplaces, where they continue to serve as a police unit commander and a deputy minister.

“Supt. Taverner is on an approved medical leave. We have refrained from asking him to reply to media inquiries at this time,” said Allison Sparkes of the Toronto Police Service. Supt. Taverner suffered a concussion earlier this year.

“As there are ongoing legal matters, it would be inappropriate to comment,” said Greg Flood, a spokesman for the Ministry of Community Safety.

Several lawsuits have been filed by former acting OPP commissioner Brad Blair, who alleges that he is a victim of “cronyism” because he was overlooked for the job. In one suit, he accuses the Premier and Mr. Di Tommaso of “improperly using their public authority to rig the OPP hiring process” for the benefit of a mutual “friend.”

In a report last spring, Ontario Integrity Commissioner David Wake said the men do not characterize themselves as friends.

“Mr. Taverner and Mr. Di Tommaso each indicated that their relationship is a professional one; they do not socialize (other than at community events) and are not personal friends. I accept this evidence,” he wrote.

Released in March, Mr. Wake’s 100-page report ruled that the Premier did not try to shape the outcome in Supt. Taverner’s favour. But the Integrity Commissioner also found that, unbeknownst to Mr. Ford, some of the Premier’s top aides made interventions for Supt. Taverner that rendered the process unfair.

The Globe provided Mr. Wake with a summary of some released e-mail exchanges and asked if such messages might cause him to revisit any aspects of his ruling. A spokesperson said they would not.

“Even if there was some evidence to suggest that the relationship between Mr. Taverner and Mr. Di Tommaso was closer than what they described in their testimony, given separately and under oath before the Commissioner, it would not be a relevant factor to the issues on which the opinion was sought,” wrote Michelle Renaud, an adviser for the office.

“The information you have outlined might, even if accepted and taken at their highest, detract from the validity of the recruitment process,” she added. “The Commissioner, however, has already addressed that process and ultimately found that he had a reasonable apprehension that the recruitment process was flawed.”

The Integrity Commissioner’s report was instigated by formal complaints from the NDP’s Kevin Yarde.

The MPP says he plans to press the issue in the coming legislative session. “Our concern right now obviously is the concerns about the conflicts of interest,” Mr. Yarde said in an interview last week.

https://www.theglobeandmail.com/canada/ ... hired-him/

Ontario government pledges tighter vetting for appointments after outrage over appointment scandals

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Ontario’s new law that gives the provincial government immunity from many lawsuits is being challenged as unconstitutional in the courts.

The law – the first of its kind in Canada since suing governments became possible decades ago – took effect July 1. It bars lawsuits that allege negligence against provincial government officials and agencies, and puts procedural hurdles in the way of lawsuits alleging corrupt acts or abuse of office.

It could affect lawsuits involving everything from tainted-water scandals such as the one in Walkerton, Ont., two decades ago, to negligent police investigations in wrongful convictions, says lawyer Julian Falconer.

He is bringing the legal challenge on behalf of Brad Blair, a former Ontario Provincial Police commander who was passed over for the force’s top position last year in favour of a friend of the Premier’s.

Mr. Blair, who was later terminated from the OPP, has launched several legal actions related to the hiring process as well as his firing. His latest action, filed in Ontario Superior Court this month, argues that the Constitution safeguards everyone’s right to seek justice in the courts for alleged wrongs committed against them.

In an interview, Mr. Falconer called the new Ontario law “a shameless exercise in public officials trying to duck accountability at every level.”

Under the Crown Liability and Proceedings Act, lawsuits alleging government negligence are barred, and those alleging intentional misconduct by government officials need prior permission from judges to go ahead. Claimants are obliged to present evidence at the outset of their claims that their cases can succeed – before they are allowed access to any government documents or testimony from government witnesses.

Mr. Falconer called that part “the most extreme” aspect of the legislation. “You could have corrupt officials, officials engaged in abuses of power, doing it on purpose, and the private citizen has to subject themselves to this Kafkaesque exercise of being cross-examined on their case before the case even starts.” He says that would allow the government “to use the public purse to drain the person [of funds].”

Ontario Premier Doug Ford has said the law is designed to prevent “frivolous nonsense in the courts.”

On Wednesday, a government spokeswoman said that the new act will not “block” any claims against officials who abuse their power. “The claimant must show that the proceeding is being brought in good faith and there is a reasonable possibility that the proceeding would be resolved in the claimant’s favour,” said Jenessa Crognali, the press secretary for Attorney-General Doug Downey.

In September, Mr. Blair announced he would be pursuing a multimillion-dollar wrongful-dismissal claim against Mr. Ford and top Ontario officials. The lawsuit is now on pause, because his latest legal action essentially asks a judge to first clear the barriers imposed by the Crown Liability and Proceedings Act.

“This isn’t just about me. It’s about anyone in the province of Ontario who may be harmed by the government and is unable to hold them accountable,” Mr. Blair said in an interview.

The law has been widely criticized in Ontario’s legal community.

Toronto lawyer Earl Cherniak said it is difficult enough to sue the Crown, but this legislation has made it virtually impossible: “When the government does the kind of things that, when you or I do them, someone can sue us, why shouldn’t they be liable?”

Erika Chamberlain, the dean of the University of Western Ontario’s faculty of law, said the new act reverses a decades-long trend in which government officials were exposed to increasing degrees of court scrutiny. She worries that other jurisdictions might be tempted to follow Ontario’s lead.

“Every province has some kind of Crown liability legislation that typically spells out when you can sue the government,” Ms. Chamberlain said. “I would say that has expanded for the last 60 to 70 years, for the most part, but now Ontario is the first one I’m aware of that is really starting to curtail lawsuits against the government.”

When the act was introduced in the spring, a former Liberal attorney-general appeared at a legislative finance committee to ask why these provisions were being shoehorned into a budget bill. Michael Bryant, who now heads of the Canadian Civil Liberties Association, called the act “a draconian abuse of power.”

Mr. Falconer said his client’s case is the first constitutional challenge of the new law and that he will pursue it to the Supreme Court if necessary.

Mr. Blair, a career OPP officer, vied for the force’s top job last year when government officials hired Toronto Police Superintendent Ron Taverner instead.

Controversy over his friendship with Mr. Ford led Mr. Taverner to withdraw, and Ontario’s Integrity Commissioner has since characterized that hiring process as “flawed” and “troubling.”

The reason given to Mr. Blair for his firing in March was that he had violated his confidentially oath by filing sensitive internal OPP e-mails as part of legal actions.

"My personal goal is to be reinstated,” said Mr. Blair, who denies wrongdoing. He added that “I want to be able to walk out the door on my own terms, hold my head high and get on with my life.”

https://www.theglobeandmail.com/canada/ ... -law-that/

But $15M lawsuit alleging wrongful dismissal expected to proceed

An Ontario court has dismissed a defamation lawsuit filed by a former high-ranking provincial police officer against Premier Doug Ford.

Former OPP deputy commissioner Brad Blair launched a $5-million suit in 2019, alleging the premier smeared his reputation for political gain by saying the officer had violated the Police Services Act.

Blair had asked the courts to force the provincial ombudsman to investigate the appointment of Ron Taverner, a long-time friend of the premier, as OPP commissioner, raising concerns about political interference.

Ford’s lawyers argued the premier’s statements on the matter were fair comment, and called for the legal action to be thrown out under anti-SLAPP legislation.

In a ruling released last month, Ontario Superior Court Justice Edward Belobaba found the suit isn’t exactly a SLAPP — strategic litigation against public participation — case, which typically refers to powerful entities seeking to silence more vulnerable opponents.

https://torontosun.com/news/provincial/ ... -dismissed

An Ontario court has dismissed a defamation lawsuit filed by a former high-ranking provincial police officer against Premier Doug Ford.

Former OPP deputy commission Brad Blair launched a $5-million suit in 2019, alleging the premier smeared his reputation for political gain by saying the officer had violated the Police Services Act.

Blair had asked the courts to force the provincial ombudsman to investigate the appointment of Ron Taverner, a long-time friend of the premier, as OPP commissioner, raising concerns about political interference.

Ford's lawyers argued the premier's statements on the matter were fair comment, and called for the legal action to be thrown out under anti-SLAPP legislation.

In a ruling released last month, Ontario Superior Court Justice Edward Belobaba found the suit isn't exactly a SLAPP — strategic litigation against public participation — case, which typically refers to powerful entities seeking to silence more vulnerable opponents.

But the judge noted the analysis applies because Ford's comments related to a matter of public interest, and ruled to dismiss the claim.

Blair also filed a $15 million lawsuit alleging wrongful dismissal, and that case is expected to proceed.

https://www.cbc.ca/news/canada/toronto/ ... -1.5892004

TORONTO - An Ontario court has dismissed a defamation lawsuit filed by a former high-ranking provincial police officer against Premier Doug Ford in the wake of the controversial appointment of a new commissioner.

Former OPP deputy commission Brad Blair launched a $5-million suit in 2019, alleging the premier smeared his reputation for political gain by saying the officer had violated the Police Services Act.

Blair had asked the courts to force the provincial ombudsman to investigate the appointment of Ron Taverner, a long-time friend of the premier, as OPP commissioner, raising concerns about political interference.

At the time, Blair served as interim commissioner and had been in the running for the permanent position.

Ford's lawyers argued the premier's statements on the matter were fair comment, and called for the legal action to be thrown out under anti-SLAPP legislation.

In a ruling released last month, Ontario Superior Court Justice Edward Belobaba found the suit isn't exactly a SLAPP -- strategic litigation against public participation -- case, which typically refers to powerful entities seeking to silence more vulnerable opponents.

But the judge noted the analysis applies because Ford's comments related to a matter of public interest, and ruled to dismiss the claim.

Once the issue of public interest is resolved, the burden is on the plaintiff to prove that the action has substantial merit, that there are grounds to believe the defendant has no valid defence, and that the harm suffered is serious enough to outweigh the public interest in protecting the defendant's expression, the ruling said.

Belobaba said Blair failed to prove that Ford's defence of fair comment has no real prospect of success.

While that alone would suffice to throw out the suit, the judge said he also found there was no evidence that Blair suffered any personal or economic harm as a result of Ford's comments.

“There is nothing in the record that supports the plaintiff's bald assertions of emotional or psychological harm. There is also no evidence of any resulting financial or economic harm,” or that he was disciplined in any way over Ford's allegations, the judge wrote.

“The claim of a lost job opportunity because of the defendant's (Police Services Act) allegations is also without credible support in the evidence.”

Blair, who was dismissed from the OPP in March 2019, also filed a $15-million lawsuit alleging wrongful dismissal, and that case is expected to proceed.

Taverner, a former Toronto police superintendent, is a family friend of Ford and initially did not meet the criteria listed for the commissioner position. The government admitted it lowered the requirements to attract a wider pool of candidates.

He delayed the appointment while an integrity commissioner investigated the issue, but then withdrew altogether in early 2019.

Shortly afterwards, the province appointed Thomas Carrique, then the deputy chief for York Regional Police, as OPP commissioner.

https://www.cp24.com/news/court-dismiss ... -1.5286272

https://toronto.ctvnews.ca/court-dismis ... -1.5286261

https://globalnews.ca/news/7605408/cour ... rad-blair/

A judge has awarded Doug Ford $130,000 in legal costs from a former provincial police chief who had unsuccessfully tried to sue the Ontario Premier.

Former Ontario Provincial Police deputy commissioner Brad Blair launched a defamation suit against Mr. Ford two years ago. He sought millions in damages, alleging the Premier harmed his reputation during a public war of words over politics and policing.

In December, an Ontario Superior Court judge ruled that Mr. Blair’s claim had to be tossed out of court because it prevented the Premier from speaking freely.

The success of Mr. Ford’s argument – which is known in legal circles as an “anti-SLAPP " defence – then left the matter of who would pay the Premier’s costs.

On Feb. 1, Ontario Superior Court Justice Edward Belobaba released a follow-up ruling saying Mr. Blair should bear a significant portion of Mr. Ford’s $600,000 legal bill. “My conclusion is that the appropriate costs award is in the range of $130,000,” the ruling says.

Laws in Ontario and other provinces give those facing lawsuits, often for defamation, the chance to argue that the case should be dismissed because it has the effect of silencing open debate. Free-speech advocates call such lawsuits “strategic litigation against public participation,” or SLAPP. The laws are known as “anti-SLAPP.”

Legal observers say such outcomes can carry a cost. “For plaintiffs who have their cases dismissed after an anti-SLAPP motion, the potential costs implications can be severe,” said Justin Safayeni, a lawyer at Stockwoods LLP in Toronto.

Prospective plaintiffs, he said, should “think carefully before bringing defamation cases — especially against defendants who will not hesitate to incur significant fees to fight such motions.”

The underlying controversy started in the winter of 2018-19, when the newly elected Progressive Conservative government offered the province’s top policing job to a friend of Mr. Ford.

A public outcry over the OPP appointment erupted, causing the candidate, Toronto Police superintendent Ron Taverner, to decline the position.

Mr. Blair – then the acting OPP chief – launched a lawsuit saying he was unfairly passed over for the job. He alleged that the provincial government’s OPP hiring practices were a concealed act of “cronyism” and fit a pattern of political encroachment on policing. He filed into court OPP documents outlining other frictions between the police force and the Premier’s Office.

In response, the Premier gave televised interviews in which he accused Mr. Blair of breaking Ontario’s Police Services Act by making sensitive documents public.

In March, 2019, a government official fired Mr. Blair, who initiated other legal actions – including a wrongful dismissal case, and the libel lawsuit, in which he said the Premier defamed him by likening him to a lawbreaker.

During a deposition last fall, Mr. Ford said he couldn’t speak out about the OPP controversy for fear of exposing himself to more damages from Mr. Blair’s libel lawsuit.

The court agreed. There is “significant public interest in hearing the defendant’s [Mr. Ford’s] comments,” Justice Belobaba wrote as he dismissed the suit in December.

In recent weeks, the sides have battled over costs. Lawyers for Mr. Ford argued that Mr. Blair should pay their entire $600,000 legal bill. Mr. Blair contended that he owed no costs.

The judge ruled Mr. Blair was liable for some. And he was not swayed by Mr. Blair’s argument that he cannot pay because he is now retired.

Mr. Blair’s wrongful dismissal suit is still before the courts. Justice Belobaba ruled that he can delay paying half the costs to Mr. Ford until that case is resolved.

Both sides have served notice that they will seek to appeal aspects of the rulings. Mr. Blair wants his libel lawsuit reinstated. Mr. Ford’s lawyers will ask for Mr. Blair to pay more costs.

https://www.theglobeandmail.com/canada/ ... gal-costs/