Toronto police Const. Kyle Upjohn will not face a trial for allegedly failing to help prevent a man’s suicide in High Park, the Court of Appeal ruled Thursday.

The unanimous decision from Ontario’s top court effectively puts a halt to the long-running criminal case in which Upjohn was accused of breach of trust for allegedly refusing to help when told a young man, later identified as 19-year-old Alexandre Boucher, was going to hang himself in the park in February 2016.

Upjohn was on duty in a patrol car near the park’s entrance when a man, Sasa Vukobrat, came to him for assistance, saying another man was about to hang himself, according to the appeal ruling. (Vukobrat had been called by his wife, who saw what Boucher was doing.)

“The respondent (Upjohn) refused to assist, stating that he was already on a call. He told Mr. Vukobrat to phone 911,” reads the appeal decision, written by Justice Paul Rouleau, who was joined by Justices David Doherty and David Paciocco.

“Police records show that the respondent was in fact not on a call at that time. The respondent left the area after Mr. Vukobrat entered the park to find his spouse.”

The Crown had already withdrawn charges of criminal negligence causing death and failing to provide the necessaries of life laid by Ontario’s police watchdog, the Special Investigations Unit, leaving just the charge of breach of trust.

Upjohn was ordered to stand trial on that charge following a preliminary hearing in the Ontario Court of Justice, but that decision was quashed by a judge of the Superior Court of Justice. The Crown appealed to the Court of Appeal, hoping to have the charge reinstated, but the appeal was dismissed Thursday.

The top court concluded that there was no evidence to prove a key element of the breach of trust charge, namely that the officer “acted with the intention to use his public office for a purpose other than the public good, for example, for a dishonest, partial, corrupt, or oppressive purpose.”

What was required in this case, the Court of Appeal said, was “proof of an intention” other than just refusing to carry out his duty as a police officer.

“While I accept the (Crown’s) submission that an inference is available on this record that (Upjohn) intended to put his own comfort or needs before the good of the public, I do not agree that this constitutes an intention to use his public office for a purpose other than the public good,” Rouleau wrote.

“However egregious (Upjohn’s) conduct may have been and however seriously such conduct might tarnish the image of his police service and its members, no intent to use the public office for some improper purpose can be inferred from the record.”

Upjohn’s lawyer, Gary Clewley, did not immediately return the Star’s request for comment Thursday.

Should the Crown choose to seek permission to appeal the ruling to the Supreme Court of Canada, it has 60 days to do so.

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A spokesperson for the Ministry of the Attorney General told the Star Thursday it would be “inappropriate to comment” as the case remains within the appeal period.

Upjohn still faces misconduct charges before the Toronto police tribunal over the incident.