Head v. Graham

[1985] 1 SCR 566 Court SCC Decision date 1985-05-09 Docket 16913 English

PartiesIN THE MATTER of Paul Head Appellant·IN THE MATTER OF a decision of the Commissioner of the Ontario Provincial Police made on or about the 9th day of March, 1978 Appellant·IN THE MATTER of The Judicial Review Procedure Act, S.O. 1971, Chapter 48 Appellant·Paul Head Appellant·H. H. Graham, Commissioner of the Ontario Provincial Police Force and the Ontario Provincial Police Force Respondents

Judges Dickson, Robert George Brian; Beetz, Jean; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Le Dain, Gerald Eric; La Forest, Gérard V.

Delivered by Majority

On appeal from Ontario

Subjects Administrative law

Contents

The following is the judgment delivered by

1. The Court‑‑We find on the facts that there was, up to the time of acceptance of the resignation of Constable Head by the Commissioner of the Ontario Provincial Police on March 7, 1978, a true and continuing intent on the part of Constable Head to resign. There was therefore no exercise of a statutory power of decision giving rise to judicial review. The appeal is accordingly dismissed with costs.

Appeal dismissed with costs.

Solicitors for the appellant: Arrell, Brown, Osier & Murray, Caledonia.

Solicitor for the respondents: Dennis W. Brown, Toronto.