Judicial Review is not a venue for vindication

27. February 2024 0
The Ontario Supreme Court of Justice reaffirmed that unless a statue expressly provides otherwise, a complainant in a professional discipline case has no standing to challenge reasonableness; however the complainant may challenge the decision on procedural fairness. Administrative law – Decisions reviewed – College of Teachers – Judicial review – Standing – Procedural requirements and ...

A principal’s isolated misconduct did not justify a demotion

20. April 2021 0
Administrative law – Decisions reviewed – School boards – Judicial review – Appeals – Procedural requirements and fairness – Legislative compliance – Failure to provide reasons – Standard of review – Correctness – Teachers – Professional misconduct or conduct unbecoming – Disciplinary proceedings Oberg v. Saskatchewan Board of Education of the South East Cornerstone School ...

The appellant high school teacher appealed a finding of professional misconduct made against him, and the resulting penalty, arising from interactions that he had with students and health unit staff at a school immunization clinic; court dismissed the appeal and affirmed the misconduct finding and penalty

17. April 2018 0
Administrative law – Decisions reviewed – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Appeals – Judicial review – Standard of review – Reasonableness Sullivan v. Ontario College of Teachers, [2018] O.J. No. 705, 2018 ONSC 942, Ontario Superior Court of Justice, February 7, 2018, W.M. ...

In considering an application for registration and assessing whether an applicant met substantially equivalent registration requirements, the accreditation committee of the Ontario College of Teachers was required to provide substantive and tenable reasons for its decision

26. June 2012 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Permits and licences – Training requirements – Judicial review – Failure to provide reasons Saba v. Ontario College of Teachers, [2012] O.J. No. 1958, 2012 ONSC 1734, Ontario Superior Court of Justice, April 16, 2012, K.E. Swinton, P.C. Hennessy and A.H. ...

A former teacher (“Headrick”) applied for judicial review of a decision of the Ontario College of Teachers (the “College”) which had referred his application for a Certificate of Qualification and Registration (“Certificate”) to the College’s Disciplinary Committee

24. May 2011 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Restoration of membership – Teachers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Suspension – Public interest – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Correctness – Failure to provide reasons – ...

A teacher (“Aris”) succeeded in setting aside an interim suspension order issued by the Ontario College of Teachers (the “College”) which suspended his teacher’s certificate pending the resolution of a complaint. His judicial review application was granted

24. May 2011 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties – Judicial review – Compliance with legislation – Procedural requirements and fairness – Failure to provide reasons Aris v. Ontario College of Teachers, [2011] O.J. No. 1400, 2011 ONSC 1202, Ontario Superior ...

A teacher appealed the College’s decision finding him guilty of conduct unbecoming a member of the profession, for off-duty conduct in which the teacher fired a shot over the heads of his sons during a domestic dispute. The Court allowed the appeal, finding that the panel had failed to address how the impugned conduct had any effect on the school system or on the teacher’s ability to carry out his professional obligations, and that the College’s reasons did not address his conduct that led to the conclusion that discipline was warranted.

28. August 2007 0
Administrative law – Teachers – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Criminal charges – Decisions of administrative tribunals – College of Teachers – Appeals – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Evidence – Off-duty conduct Fountain v. British Columbia College of Teachers, [2007] B.C.J. No. 1260, British Columbia Supreme ...

The BC Public School Employers’ Association (“BCPSEA”) was unsuccessful in appealing from an arbitrator’s decision to the effect that the British Columbia Teachers’ Federation (“BCTF”) was justified in taking a grievance from the decision of the School Boards to advise teachers that they were not to post materials on teacher bulletin boards or to distribute documents to parents regarding issues of class size that were the subject of collective bargaining negotiations between the BCTF and the BCPSEA

27. September 2005 0
Administrative law – Schools and school boards – Powers – Teachers – Labour law – Arbitration – Decisions of administrative tribunals – Labour and employment boards – Charter of Rights – Freedom of expression – Remedies – Charter relief British Columbia Public School Employers’ Association v. British Columbia Teachers’ Federation, [2005] B.C.J. No. 1719, British Columbia Court of Appeal, ...

A teacher (“Kempling”) appealed the decision of the British Columbia Supreme Court dismissing his appeal from a decision of a Hearing Panel of the British Columbia College of Teachers (the “College”) finding him guilty of conduct unbecoming a member of the College, and suspending his teaching certificate for one month. The Court of Appeal dismissed the appeal, finding that the court below was not in error in upholding the decision of the Panel. The Court of Appeal held that it was not open for Kempling to raise section 2(a) of the Charter as he had failed to appear before the Panel at the first hearing and laid no evidentiary basis to assess any alleged infringement of his religious freedom.

23. August 2005 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Appeals – Evidence – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Charter of Rights – Freedom of expression – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – Correctness Kempling v. British Columbia College ...

The Court allowed the appeal of a teacher who had been found guilty of professional misconduct and conduct unbecoming a teacher by the Respondent College. The Court found that the College had erred in concluding that the Appellant’s mental condition was irrelevant to a determination of whether his conduct amounted to professional misconduct.

28. June 2005 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – What constitutes – Mental condition – Relevancy – Penalties – Public interest – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Stuart v. British Columbia College of Teachers, [2005] B.C.J. No. 989, British ...