Catherine Patterson

The appellant abandoned her appeal on the eve of the hearing after the respondents had delivered responding materials in an estate accounting dispute.

The court applied r. 61.14(3) of the Rules of Civil Procedure and held that the respondents were entitled to their costs of the abandoned appeal.

The respondents' motion for leave to cross-appeal the application judge's discretionary costs award, seeking full indemnity costs, was denied because no reversible error was shown and the elevated scale was not justified.

The appellant was awarded costs of the cross-appeal motion, set off against the appeal costs, leaving a net amount payable to the respondents.

The Ontario College of Teachers brought disciplinary proceedings against the Member for professional misconduct.

The Member pleaded no contest to allegations that he drugged and sexually assaulted a former student at his home in 2002.

The Discipline Committee found the Member guilty of disgraceful, dishonourable, unprofessional, and unbecoming conduct.

Accepting a joint submission on penalty, the Committee ordered that the Member be reprimanded and that his Certificate of Qualification and Registration be immediately revoked, finding the conduct abhorrent and a gross violation of trust.

At a discipline hearing, the member attempted to enter a plea of no contest pursuant to an agreement with the College.

However, the member made statements to the panel that raised concerns about the validity of the plea and the agreement.

After giving the member an opportunity to speak with counsel, the member maintained his position.

On its own motion, the panel declined to accept the Statement of Uncontested Facts and Plea of No Contest, and adjourned the matter to be heard as a contested hearing before a newly constituted panel.