Ontario Court of Appeal Decision

By  | November 8, 2019 | 2 Comments | Filed under: Community
Donovan vs. Waterloo Regional Police Services Board, 2019 ONCA 845

The Ontario Court of Appeal allowed my appeal against both the Board
and Chief Bryan Larkin, which means I will be continuing with my
action in Ontario Superior Court against them,
(while they proceed against me at the Human Rights Tribunal
of Ontario).

What does this mean?

When I first filed this suit against them, (May, 2018), it was for breaching my resignation agreement. 
The Board filed to dismiss my suit in June, 2018, citing as their main
argument that the matter belongs at the
Human Rights Tribunal of Ontario, (both Justice Doi and now the
Ontario Court of Appeal have disagreed with them).

One month after they filed to dismiss my claim against them, the Board
took action against me at the Human Rights Tribunal, (that case has been allowed to proceed against me and is ongoing).

This recent decision reopens my ability to continue to fight for
accountability in Court, which was my original intent.

Officer Wellness
You’ll read in the ONCA decision, that my WSIB claim for PTSD benefits
was appealed by the police service, (despite the contract prohibiting them from filing the appeal AND despite the fact that first responders have a
presumptive allowance in the legislation).  One has to ask, why would
the police service appeal it?

On July 17, 2017, (ironically, the same day I released my report on
misfeasance in Ontario policing), the CBC News published an article; 


https://www.cbc.ca/news/canada/kitchener-waterloo/waterloo-regional-police-service-new-ptsd-prevention-plan-1.4208684


In the article, it states “The service’s new PTSD prevention plan looks at
ways of preventing and helping treat PTSD among officers.”

So, which is it, Waterloo Regional Police?  Or, once those officers
move on, they are tossed out with the trash?

In the interests of first responders everywhere who are still stuck in this oppressive and two-faced system, I sincerely hope that these questions
get answered.

Moment of Silence for Cpl. Nathan Cirillo
I was in the Nation’s Capital this past week for a Conference Board of
Canada Corporate Ethics Management Council meeting, and managed to get to the National War Memorial to remember Cpl. Nathan Cirillo.

Time for Fit4Duty to spread its wings

I have gotten a significant amount of experience these past 2 years
speaking with business and government leaders. 
It has become more and more evident to me that workplace
programmes are not entirely meeting the needs of workers. 

There are policies that aren’t followed due to workplace cultures, and
there are behaviours that are tolerated due to cultural reasoning. 
These are issues that cannot be concealed, because it means that
unethical conduct, in most workplaces, is not being reported.

I welcome the opportunity to meet with any organization to discuss
Fit4Duty – The Ethical Standard, and how we go beyond compliance.
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donovandih@gmail.com'

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2 Responses to Ontario Court of Appeal Decision

  1. agmarshall@rogers.com'
    alan marshall November 9, 2019 at 8:31 am

    Good luck Kelly with your action against WRPS & Chief Larkin at the Ontario Superior Court. By the way that is an out of town court versus the Superior Court in Kitchener is it not? If so where would it be?

  2. ltvann@rogers.com'
    Tom Vann November 9, 2019 at 5:34 pm

    I am pleased to hear you have been allowed to proceed Kelly. If this was a company having these kinds of problems I believe it would have been resolved long ago. You are an amazing lady and your book was shocking. So little media coverage for such a high level case. Best wishes for success and the truth.

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