Caroline Zayid

A proposed class action brought by injured workers who were denied full non-economic loss benefits under the Workplace Safety and Insurance Act on the basis of asymptomatic pre-existing conditions.

The plaintiff alleged that the denials resulted from an internal policy illegally adopted to save money.

The action was pleaded in misfeasance in public office, bad faith, and negligence.

The motion judge struck the statement of claim as disclosing no cause of action, finding the claims fell within the privative clause.

The Court of Appeal allowed the appeal, holding that the misfeasance in public office and negligence claims were properly pleaded and not plainly barred by the privative clause.

Bad faith was found not to be a free-standing cause of action but rather an element of misfeasance in public office.

The Discipline Committee of the Ontario College of Teachers held a penalty hearing for a retired member.

The Committee ordered the immediate revocation of the member's Certificate of Qualification and Registration.

Pursuant to recent amendments to the Ontario College of Teachers Act, the Committee also directed that the findings and order be published in summary form with the member's name in the College's official publication.

The Ontario College of Teachers brought a discipline proceeding against the respondent member.

The member, who was self-represented, did not attend the hearing and his prior request for an adjournment was denied.

The Discipline Committee found on a balance of probabilities that the member committed acts of professional misconduct as alleged.

Written reasons and a penalty hearing were to follow.

The Attorney General of Canada and the Joint Committee representing Class Members brought competing applications regarding the allocation of approximately $236 million in excess capital held in the trust fund established by the 1986-1990 Hepatitis C Settlement Agreement.

Canada argued the excess capital should be returned to it, while the Joint Committee sought to allocate the funds to increase benefits for Class Members.

The court dismissed Canada's application, finding that the excess capital allocation provision was intended to provide an opportunity to bridge compensatory gaps for Class Members.

The court approved seven of the Joint Committee's nine recommendations for allocating the funds, including increases to fixed payments and loss of services compensation, to be implemented by way of special distribution.

The Member pleaded guilty to professional misconduct for irregularities during the administration of Grade [XXX] EQAO testing, including allowing students to interact, reading a passage aloud to a student with an IEP within hearing of others, and leaving instructional materials posted.

The Discipline Committee accepted the guilty plea and the joint submission on penalty, ordering a reprimand to remain on the Register for 12 months, completion of an ethics course, and publication of the decision without the Member's name.

The Member, a teacher, faced allegations of professional misconduct including verbal, physical, and psychological abuse of students, failure to supervise, and inappropriate discipline over two school years.

The Member pleaded guilty to the allegations based on an Agreed Statement of Facts.

The Discipline Committee found the Member guilty of professional misconduct and accepted a Joint Submission on Penalty.

The Committee ordered a reprimand, the completion of coursework on classroom management and student discipline, and publication of the decision with the Member's name.

The Member, a teacher, faced a discipline hearing regarding allegations of professional misconduct, including using crude sexual language, making inappropriate comments to students, engaging in physical contact during a drama class, and posting inappropriate comments about school staff.

The Member pled guilty to the allegations via an Agreed Statement of Facts.

The Discipline Committee found the Member guilty of professional misconduct, including verbal, psychological, and sexual abuse of students, and failing to maintain professional standards.

Accepting a Joint Submission on Penalty, the Committee ordered a reprimand, a two-month suspension of the Member's teaching certificate, and required the completion of a course on boundary issues.

The Committee also ordered the publication of the decision with the Member's name.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct relating to boundary violations with a female student.

The member pleaded no contest to allegations of failing to maintain the standards of the profession, unprofessional conduct, and conduct unbecoming a member.

The Discipline Committee accepted the uncontested facts, which detailed the member providing his personal contact information to the student, having her visit his apartment, and driving her in his personal vehicle.

The Committee found the member guilty of professional misconduct and accepted a joint submission on penalty, ordering a reprimand, a one-month retroactive suspension, and the completion of a boundary violation course.

The Committee also ordered that the member's name be published in the College's official publication to serve as a specific and general deterrent and to maintain public confidence in the profession.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct against the Member.

The parties agreed to the withdrawal in exchange for the Member's undertaking to resign immediately, never seek reinstatement, and never teach again in Ontario.

The Discipline Committee granted the motion, finding that the withdrawal in exchange for the undertaking was reasonable and served to protect the public interest.

The Member, a teacher, faced allegations of professional misconduct for making inappropriate and racially insensitive comments, verbally abusing students, and disclosing confidential student information to another parent.

The Member pleaded guilty to the allegations via an Agreed Statement of Facts.

The Discipline Committee found the Member guilty of professional misconduct.

Accepting a Joint Submission on Penalty, the Committee ordered a reprimand, completion of a course on classroom management and professional boundaries, and publication of the decision with the Member's name.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct involving poor classroom management, harassment of a female colleague, and inappropriate physical contact with a student.

The member pleaded guilty to the allegations and admitted the facts.

The Discipline Committee accepted a joint submission on penalty, ordering a reprimand, a nine-month suspension of the member's certificate, and the completion of a course on professional boundaries.

The Committee also ordered that the decision be published with the member's name, finding that publication was necessary for specific and general deterrence and to maintain public confidence in the discipline process.

The Ontario College of Teachers brought a motion seeking leave to withdraw the allegations of professional misconduct against the member set out in the Notice of Hearing.

The College indicated there was no reasonable prospect of obtaining a finding of professional misconduct.

The Discipline Committee granted the motion, finding the withdrawal reasonable, appropriate, and in the public interest.

The Ontario College of Teachers brought disciplinary proceedings against a member for engaging in an inappropriate relationship with a Grade 8 student.

The member admitted to communicating with the student outside of school hours, visiting his home late at night, and allowing him to sleep in her hotel room during a sports tournament.

The Discipline Committee accepted the member's guilty plea and found her guilty of professional misconduct, including psychological or emotional abuse and disgraceful or dishonourable conduct.

The Committee accepted a joint submission on penalty, ordering a reprimand, a three-month suspension, completion of a boundary violations course, and publication of the decision with the member's name.

This was a costs endorsement following the defendants' complete success on a motion to dismiss and on opposition to an anti-suit injunction concerning foreign proceedings in St. Kitts.

The plaintiffs were self-represented, but the court held that self-representation was not a basis to deny costs to the successful parties.

Applying the general principles and the factors under Rule 57.01(1) of the Rules of Civil Procedure, the court found the claimed partial indemnity costs reasonable.

Costs were awarded forthwith to the defendants in the amount of $10,298.20.

The Ontario College of Teachers brought a discipline proceeding against a member who had been convicted of sexual assault against a student.

The member did not attend the hearing.

The Discipline Committee found the member guilty of professional misconduct, including sexual abuse of a student, based on his criminal conviction and the underlying facts of an inappropriate sexual relationship with a student.

The Committee ordered the revocation of the member's Certificate of Qualification and Registration, noting that the member abused his authority and trust, bringing the profession into disrepute.

The Member, a teacher, pled guilty to professional misconduct for falsifying employment applications to conceal a prior criminal discharge and termination, and for intentionally tripping a student and making a derogatory comment.

The Discipline Committee accepted the guilty plea and found the Member guilty of professional misconduct.

The Committee ordered a reprimand, a two-year suspension of her teaching certificate, completion of a professional ethics course, and publication of the decision with the Member's name, rejecting the Member's request for publication without name given her repeated pattern of dishonesty and abuse.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct against the member.

College counsel determined there was insufficient evidence to support the allegations and no reasonable prospect of obtaining a finding of professional misconduct.

The member's counsel consented to the motion.

The Discipline Committee granted the motion, finding the withdrawal reasonable, appropriate, and in the public interest.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct.

The member, a teacher, repeatedly approached female students to recruit them for a beauty pageant, a summer camp for models, and television commercials, making inappropriate comments about their appearances.

The member pleaded no contest to the allegations.

The Discipline Committee found the member guilty of professional misconduct, including psychological or emotional abuse, disgraceful, dishonourable or unprofessional conduct, conduct unbecoming a member, and practicing while in a conflict of interest.

The Committee accepted a joint submission on penalty, ordering a reprimand, a one-month suspension, and the completion of a course on professional boundaries.

The Committee also ordered publication of the decision with the member's name, emphasizing the need for general deterrence and transparency.

The Ontario College of Teachers brought disciplinary proceedings against a teacher who stored real and replica firearms, as well as live ammunition, at his school and allowed students to access them during class.

The teacher had previously pled guilty to criminal charges for possessing an unregistered firearm without a licence.

The Discipline Committee found the teacher guilty of professional misconduct, noting that his actions severely jeopardized the safety of students and staff.

Despite the teacher's subsequent health issues, the Committee ordered a 12-month suspension of his teaching certificate and directed that the decision be published with his name to serve as a general deterrent.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct, including sexual abuse, against the member.

The key student witness did not wish to testify.

In exchange, the member signed an Undertaking and Acknowledgement to resign his membership, never seek reinstatement, and never teach again in Ontario.

The Discipline Committee granted the motion, finding the withdrawal in exchange for the undertaking reasonable and in the public interest.