The Court of Appeal ruled similarly in September and ruled that the Supreme Court had jurisdiction over litigation resulting from an injury during police training – also involving the Ottawa Police Service. In Rukavina v. Ottawa (Police Services Board), 2020 ONCA 533, a tactical commander held responsible for the incident by the Special Investigation Unit, had prosecuted some police officers, the Chief of Police and the Ottawa Police Services Council for malicious prosecutions and misconduct in public office. The defendants applied for dismissal and argued that they did not have jurisdiction because a collective agreement was in place. As in the Skof case, the court found that the dispute properly belonged to the Supreme Court. For sworn civil servants, once you have signed a job offer, you will receive a salary of USD 68,285.86. You will then receive increments every 15 months based on performance reviews until you reach the first-class salary level of $100,420.02. When Skof became president of the takeover, the takeover bid and the Ottawa Police Services signed a memorandum of understanding stating that, other than benefits, nothing in the collective agreement would apply to Skof during his stay at the takeover. Labrosse J. had established that the collective agreement and the brief were in contradiction.
The Court of Appeal contradicted by saying that the memorandum “made it even clearer” that the collective agreement does not apply to Sof`s dispute. The Court of Appeal also rejected Labrosse`s finding that, in order to deal with Scof`s problems outside the collective agreement, he could only apply to the Divisional Court for judicial review. Labrosse had hit Scof`s action on this basis. .