An Ontario Provincial Police finding that there was no "serious" officer misconduct after a police car struck and killed a pedestrian has been rejected in court.

The Ontario Superior Court of Justice ruled this week that the decision was "unreasonable" and the OPP failed to justify why it did not consider the conduct serious.

A police vehicle struck and killed Tyler Dorzyk late at night in September 2020 near Midland, Ont., and his spouse filed a complaint with the Office of the Independent Police Review Director over the conduct of the driver and another officer who attended the scene.

The review body determined that both engaged in discreditable conduct. It concluded that Const. Jaimee McBain, who was on a coffee run, did not operate her vehicle safely, and that the attending officer made insensitive comments that lacked impartiality.