Common use of LEGAL INDEMNIFICATION Clause in Contracts

LEGAL INDEMNIFICATION. 10.01 The Board shall indemnify a Member of the Police Service for reasonable legal costs incurred in the course of their employment, 1. In the defence of a civil action for damages because of acts done in the course of employment under the following circumstances only: (a) where the Board is not joined in the action as a party pursuant to Section 50 (1) of the Police Services Act, and the Board does not defend the action on behalf of itself and of the Member as joint tort feasors at the Board's sole expense; (b) where the Board is joined as a party or elects to defend the action, but the solicitor retained on behalf of the Board and the Member is of the view that it would be improper for him or her to act for both the Board and the Member in that action. 2. In the defence of a criminal prosecution, excluding a criminal prosecution in which the Member is found guilty of a criminal offence. 3. In the defence of a statutory prosecution, excluding a statutory prosecution in which the Member is found guilty. 4. In respect of any proceeding relating to a Municipal, Provincial or Federal Statute or proceeding under the Coroner's Act, a hearing, investigation or inquiry under the Police Services Act involving a Public Complaint or the Ontario Civilian Commission on Police Services, including that which may arise as a result of the assignment of the Member to duties outside Ontario, whether the proceeding occurs in Ontario or outside Ontario, where a penalty is not imposed or the Member is not found guilty of misconduct. 10.02 The Board agrees that legal counsel(s), as determined by the Association, may be provided at the Board's expense, to a Member(s) who, as a result of police duties, may be directly or indirectly involved in an occurrence investigated by the Special Investigations Unit subject to the condition that the Association consult with and receive the consent of the Chief or Deputy Chief of Police. Such consent shall not be unreasonably withheld. The benefit afforded the Member(s) shall include counsel immediately after the occurrence and during the investigative period, for the purpose of providing legal advice and guidance to the Member(s) involved during the period of the investigation. The benefit afforded the Member(s) under this clause ceases upon completion of the SIU investigation. This does not preclude coverage under other clauses of this Article. 10.03 The Officer-in-Charge shall be required to give an active Association Board Member immediate notification of any investigation involving the Special Investigations Unit. 10.04 Where a question arises as to reasonable legal costs, the Board shall indemnify the Member at 1.5 times the scale established by the Legal Aid Plan. 10.05 The provisions of 10.01 shall not restrict the Board from indemnifying a Member whose conduct in the performance of their duties is or may be called into question in a proceeding or inquiry not specified in Article 10.01. Legal advice and/or counsel in each case will be the subject of discussion between the Board and the Association. 10.06 Notwithstanding clause 10.01, the Board may refuse payment otherwise authorized under Article 10.01 where the Board can establish that the actions of the Member from which the charges arose amounted to a gross dereliction of duties.

LEGAL INDEMNIFICATION. 10.01 The Board 20.01 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a police officer shall indemnify a Member of be indemnified for the Police Service for necessary and reasonable legal costs incurred in the course of their employment, 1. In the defence of such charges. 20.02 Notwithstanding Clause 20.01, the Board may refuse payment otherwise authorized under Clause 20.01 where the actions of the officer from which the charges arose amounted to a dereliction of duty or abuse of his/her powers as a police officer. 20.03 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of employment under his/her duties as a police officer, he/she shall be indemnified for the following circumstances only: (a) necessary and reasonable legal costs incurred in the defence of such an action where the Board is not joined in the action as a party pursuant to Section section 50 (1) of the Police Services ActAct 1990, and the Board does not defend the action on behalf of itself the Board and of the Member member as joint tort feasors tortfeasors at the Board's sole expense;. a) Where a member is the subject of a hearing before a board of inquiry established under Part VI of the Police Services Act, 1990, as a result of a decision by the Police Complaints Commission pursuant to s.91 of the Act and the decision of the board of inquiry is that misconduct was not proved, the member shall be indemnified for any necessary and reasonable legal costs arising directly from the defence of the complaint being heard. This provision does not apply to a hearing pursuant to sections 90 or 92 of the Act, or to a decision which subsequently is altered or reversed by the Ontario Court. b) Where during an inquest under the Coroners Act a member's conduct is called into question because of acts done in the attempted performance of his/her duties as a police officer, the member shall be indemnified for any necessary and reasonable legal costs directly arising from the protection of the member's interest at such inquiry, but only if: (bi) where the Chief of Police or the Board is joined as a party does not provide counsel to represent the Service, at the Board's expense; or, (ii) in the opinion of counsel retained by the Chief of Police or elects to defend the action, but the solicitor retained on behalf of the Board and to represent the Member is of the view that Force, it would be improper for him or her to act for both represent the member and the Chief and/or the Board and the Member in before that actioninquiry. 2. In the defence of a criminal prosecution, excluding a criminal prosecution in which the Member is found guilty of a criminal offence. 3. In the defence of a statutory prosecution, excluding a statutory prosecution in which the Member is found guilty. 4. In respect of any proceeding relating c) This section applies only to a Municipal, Provincial hearings or Federal Statute or proceeding under the Coroner's Act, a hearing, investigation or inquiry under the Police Services Act involving a Public Complaint or the Ontario Civilian Commission on Police Services, including that which may arise as a result of the assignment of the Member to duties outside Ontario, whether the proceeding occurs in Ontario or outside Ontario, where a penalty is not imposed or the Member is not found guilty of misconduct. 10.02 The Board agrees that legal counsel(s), as determined by the Association, may be provided at the Board's expense, to a Member(s) who, as a result of police duties, may be directly or indirectly involved in an occurrence investigated by the Special Investigations Unit subject to the condition that the Association consult with and receive the consent of the Chief or Deputy Chief of Police. Such consent shall not be unreasonably withheld. The benefit afforded the Member(s) shall include counsel immediately after the occurrence and during the investigative period, for the purpose of providing legal advice and guidance to the Member(s) involved during the period of the investigation. The benefit afforded the Member(s) under this clause ceases upon completion of the SIU investigation. This does not preclude coverage under other clauses of this Article. 10.03 The Officer-in-Charge shall be required to give an active Association Board Member immediate notification of any investigation involving the Special Investigations Unit. 10.04 Where a question arises as to reasonable legal costs, the Board shall indemnify the Member at 1.5 times the scale established by the Legal Aid Plan. 10.05 The provisions of 10.01 shall not restrict the Board from indemnifying a Member whose conduct inquests concerning acts done in the performance of their duties is or may be called into question in a proceeding or inquiry not specified in Article 10.01. Legal advice and/or counsel in each case will be the subject of discussion between the Board and the Association. 10.06 Notwithstanding clause 10.01, the Board may refuse payment otherwise authorized under Article 10.01 where the Board can establish that the actions good faith of the Member from which the charges arose amounted to member's duties as a gross dereliction of dutiespolice officer.

LEGAL INDEMNIFICATION. 10.01 11.01 The Board shall indemnify a Member of the Police Service for reasonable legal costs incurred in the course of their employment,; 1. In the defence of a civil action for damages because of acts done in the course of employment under the following circumstances only: (a) where the Board is not joined in the action as a party pursuant to Section 50 (1) of the Police Services Act, and the Board does not defend the action on behalf of itself and of the Member as joint tort feasors at the Board's sole expense;. (b) where the Board is joined as a party or elects to defend the action, but the solicitor retained on behalf of the Board and the Member is of the view that it would be improper for him or her to act for both the Board and the Member in that action. 2. In the defence of a criminal prosecution, excluding a criminal prosecution in which the Member is found guilty of a criminal offence. 3. In the defence of a statutory prosecution, excluding a statutory prosecution in which the Member is found guilty. 4. In respect of any proceeding relating to a Municipal, Provincial or Federal Statute or a proceeding under the Coroner's Act, a hearing, investigation or inquiry under the Police Services Act involving a Public Complaint or the Ontario Civilian Commission on Police Services, including that which may arise as a result of the assignment of the Member to duties outside Ontario, whether the proceeding occurs in Ontario or outside Ontario, where a penalty is not imposed or the Member is not found guilty of misconduct. 10.02 11.02 The Board agrees that legal counsel(s), as determined by the Association, may be provided provided, at the Board's expense, to a Member(s) who, as a result of police duties, may be directly or indirectly involved in an occurrence investigated by the Special Investigations Unit subject to the condition that the Association consult with and receive the consent of the Chief or Deputy Chief of Police. Such consent shall not be unreasonably withheld. The benefit afforded the Member(s) shall include counsel immediately after the occurrence and during the investigative period, for the purpose of providing legal advice and guidance to the Member(s) involved during the period of the investigation. The benefit afforded the Member(s) under this clause ceases upon completion of the SIU investigation. This does not preclude coverage under other clauses of this Article. 10.03 11.03 The Officer-in-Officer in Charge shall be required to give an active Association Board Member immediate notification of any investigation involving the Special Investigations Unit. 10.04 11.04 Where a question arises as to reasonable legal costs, the Board shall indemnify the Member at 1.5 times the scale established by the Legal Aid Plan. 10.05 11.05 The provisions of 10.01 11.01 shall not restrict the Board from indemnifying a Member whose conduct in the performance of their duties is or may be called into question in a proceeding or inquiry not specified in Article 10.0111.01. Legal advice and/or counsel in each case will be the subject of discussion between the Board and the Association. 10.06 11.06 Notwithstanding clause 10.0111.01, the Board may refuse payment otherwise authorized under Article 10.01 11.01 where the Board can establish that the actions of the Member from which the charges arose amounted to a gross dereliction of dutiesduty or deliberate abuse of their powers as a Police Officer.

LEGAL INDEMNIFICATION. 10.01 9.01 The Board shall indemnify a Member of the Police Service for reasonable legal costs incurred in the course of their his or her employment, 1. In the defence of a civil action for damages because of acts done in the course of employment under the following circumstances only: (a) where the Board is not joined in the action as a party pursuant to Section 50 (1) of the Police Services Act, and the Board does not defend the action on behalf of itself and of the Member as joint tort feasors at the Board's sole expense; (b) where the Board is joined as a party or elects to defend the action, but the solicitor retained on behalf of the Board and the Member is of the view that it would be improper for him or her to act for both the Board and the Member in that action. 2. In the defence of a criminal prosecution, excluding a criminal prosecution in which the Member is found guilty of a criminal offence. 3. In the defence of a statutory prosecution, excluding a statutory prosecution in which the Member is found guilty. 4. In respect of any proceeding relating to a Municipal, Provincial or Federal Statute or proceeding under the Coroner's Act, a hearing, investigation or inquiry under the Police Services Act involving a Public Complaint or the Ontario Civilian Commission on Police Services, including that which may arise as a result of the assignment of the Member to duties outside Ontario, whether the proceeding occurs in Ontario or outside Ontario, where a penalty is not imposed or the Member is not found guilty of misconduct. 10.02 9.02 The Board agrees that legal counsel(s), as determined by the Association, may be provided at the Board's expense, to a Member(s) who, as a result of police duties, may be directly or indirectly involved in an occurrence investigated by the Special Investigations Unit subject to the condition that the Association consult with and receive the consent of the Chief or Deputy Chief of Police. Such consent shall not be unreasonably withheld. The benefit afforded the Member(s) shall include counsel immediately after the occurrence and during the investigative period, for the purpose of providing legal advice and guidance to the Member(s) involved during the period of the investigation. The benefit afforded the Member(s) under this clause ceases upon completion of the SIU investigation. This does not preclude coverage under other clauses of this Article.This 10.03 9.03 The Officer-in-Charge shall be required to give an active Association Board Member immediate notification of any investigation involving the Special Investigations Unit. 10.04 9.04 Where a question arises as to reasonable legal costs, the Board shall indemnify the Member at 1.5 times the scale established by the Legal Aid Plan. 10.05 9.05 The provisions of 10.01 9.01 shall not restrict the Board from indemnifying a Member whose conduct in the performance of their his or her duties is or may be called into question in a proceeding or inquiry not specified in Article 10.019.01. Legal advice and/or counsel in each case will be the subject of discussion between the Board and the Association. 10.06 9.06 Notwithstanding clause 10.019.01, the Board may refuse payment otherwise authorized under Article 10.01 9.01 where the Board can establish that the actions of the Member from which the charges arose amounted to a gross dereliction of duties.

LEGAL INDEMNIFICATION. 10.01 9.01 The Board shall indemnify a Member of the Police Service for reasonable legal costs incurred in the course of their his or her employment, 1. In the defence of a civil action for damages because of acts done in the course of employment under the following circumstances only: (a) where the Board is not joined in the action as a party pursuant to Section 50 (1) of the Police Services Act, and the Board does not defend the action on behalf of itself and of the Member as joint tort feasors at the Board's sole expense; (b) where the Board is joined as a party or elects to defend the action, but the solicitor retained on behalf of the Board and the Member is of the view that it would be improper for him or her to act for both the Board and the Member in that action. 2. In the defence of a criminal prosecution, excluding a criminal prosecution in which the Member is found guilty of a criminal offence. 3. In the defence of a statutory prosecution, excluding a statutory prosecution in which the Member is found guilty. 4. In respect of any proceeding relating to a Municipal, Provincial or Federal Statute or proceeding under the Coroner's Act, a hearing, investigation or inquiry under the Police Services Act involving a Public Complaint or the Ontario Civilian Commission on Police Services, including that which may arise as a result of the assignment of the Member to duties outside Ontario, whether the proceeding occurs in Ontario or outside Ontario, where a penalty is not imposed or the Member is not found guilty of misconduct. 10.02 9.02 The Board agrees that legal counsel(s), as determined by the Association, may be provided at the Board's expense, to a Member(s) who, as a result of police duties, may be directly or indirectly involved in an occurrence investigated by the Special Investigations Unit subject to the condition that the Association consult with and receive the consent of the Chief or Deputy Chief of Police. Such consent shall not be unreasonably withheld. The benefit afforded the Member(s) shall include counsel immediately after the occurrence and during the investigative period, for the purpose of providing legal advice and guidance to the Member(s) involved during the period of the investigation. The benefit afforded the Member(s) under this clause ceases upon completion of the SIU investigation. This does not preclude coverage under other clauses of this Article. 10.03 9.03 The Officer-in-Charge shall be required to give an active Association Board Member immediate notification of any investigation involving the Special Investigations Unit. 10.04 9.04 Where a question arises as to reasonable legal costs, the Board shall indemnify the Member at 1.5 times the scale established by the Legal Aid Plan. 10.05 9.05 The provisions of 10.01 9.01 shall not restrict the Board from indemnifying a Member whose conduct in the performance of their his or her duties is or may be called into question in a proceeding or inquiry not specified in Article 10.019.01. Legal advice and/or counsel in each case will be the subject of discussion between the Board and the Association. 10.06 9.06 Notwithstanding clause 10.019.01, the Board may refuse payment otherwise authorized under Article 10.01 9.01 where the Board can establish that the actions of the Member from which the charges arose amounted to a gross dereliction of duties.