The Member, a teacher facing allegations of professional misconduct including sexual abuse of a student, brought a motion for the production of third-party records.
The Member sought the production of a children's aid society investigation file, student records (including an IEP and support records), attendance records, and the contact information of two student witnesses.
The Discipline Committee applied the O'Connor test for third-party production.
The Committee ordered the production of the children's aid society investigation file and the attendance records, finding they met the likely relevance threshold.
However, the Committee denied the production of the IEP and student support records, finding them to be privileged under section 266(2) of the Education Act.
The Committee also ordered the College to disclose the contact information of the student witnesses to the Member's counsel.