Alexandre Blanchard

The applicants sought judicial review of interim decisions by the Human Rights Tribunal of Ontario, which declined to dismiss human rights applications under s. 45.1 of the Human Rights Code.

The applicants argued that prior proceedings under the Police Services Act and the Regulated Health Professions Act should bar the human rights complaints based on issue estoppel and finality principles.

The Divisional Court dismissed the applications, finding the Tribunal reasonably applied the Supreme Court's fairness principles from Penner to conclude that it would be unfair to dismiss the human rights applications, given the different purposes, lack of financial stakes, and statutory contexts of the prior proceedings.

The appellant appealed a decision of the Discipline Committee of the Ontario College of Teachers finding him guilty of professional misconduct for engaging in an inappropriate sexual relationship with a student.

The appellant argued that the Panel disregarded evidence, failed to resolve inconsistencies, and improperly drew an adverse inference from his refusal to answer questions during the investigation.

The Divisional Court dismissed the appeal, holding that the Panel's findings of fact and credibility were entitled to considerable deference and were reasonably supported by the evidence.

The Member, a teacher, faced allegations of professional misconduct and incompetence following three unsatisfactory performance appraisals citing deficiencies in classroom management and teaching strategies.

The College withdrew the professional misconduct allegations.

The Member pled guilty to incompetence based on an Agreed Statement of Facts.

The Discipline Committee accepted the guilty plea and a Joint Submission on Penalty, ordering that conditions be placed on the Member's Certificate of Qualification requiring him to notify the Registrar of any teaching employment and to provide a satisfactory performance appraisal within 18 months.