Charlotte-Anne Malischewski

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

The member did not attend the proceeding.

The panel granted the motion, accepting the College's submissions that there was insufficient evidence to prosecute the matter and it would not be in the public interest to proceed.

The Ontario College of Teachers brought a motion to quash an appeal by Ahmed Bouragba, arguing that the underlying order of O’Brien J. was interlocutory and thus appealable only to the Divisional Court with leave.

Bouragba simultaneously sought a stay of O’Brien J.'s order pending his appeal.

The Court of Appeal determined that O’Brien J.'s order was merely a scheduling order, which is interlocutory, and therefore the Court of Appeal lacked jurisdiction to hear the appeal.

Consequently, both Bouragba's appeal and his motion for a stay were quashed.

The appellant teacher appealed a Discipline Committee decision finding her guilty of professional misconduct for intimidating and brusque behaviour towards students, and the resulting sanctions including a six-month suspension.

She argued the Committee failed to consider that the complaint was a reprisal for her own workplace harassment claims, that the Committee was biased in qualifying a former vice-principal as a participant expert, and that the College lost jurisdiction due to delay.

The Divisional Court dismissed the appeal, finding the Committee reasonably assessed credibility, correctly applied the participant expert doctrine, and imposed reasonable sanctions for the protection of the public despite the appellant's retirement.

The Ontario College of Teachers brought a discipline proceeding against a member for professional misconduct, including sexual abuse of a student.

The member admitted to engaging in an inappropriate personal relationship with a student, which included providing alcohol and cigarettes, holding hands, and kissing.

The Discipline Committee accepted the agreed statement of facts and found the member guilty of professional misconduct.

Pursuant to the mandatory revocation provisions of the Ontario College of Teachers Act, the Committee ordered the immediate revocation of the member's teaching certificate and issued a written reprimand.

The Member, an occasional teacher, faced allegations of professional misconduct for verbally, physically, and psychologically abusing students, and for behaving inappropriately towards students and colleagues.

The Member pleaded no contest to the allegations, admitting to incidents including hitting a student with a binder, yelling at students, making inappropriate comments, and verbally abusing a Vice-Principal.

The Discipline Committee found the Member guilty of professional misconduct.

Accepting a joint submission on penalty, the Committee ordered a written reprimand, a six-month suspension of the Member's Certificate of Qualification and Registration, and the successful completion of a course on professional ethics, anger management, and cultural sensitivity before resuming teaching.

The Ontario College of Teachers brought disciplinary proceedings against a member who misused sick leave benefits.

The member's request for an unpaid leave to attend a promotional trip in Costa Rica was denied by the school board.

In response, the member swore at staff, stated his intention to go anyway, and subsequently claimed the days as personal illness.

He later received sick leave benefits for several months while continuing to participate in promotional business activities.

The member pled guilty to professional misconduct.

The Discipline Committee accepted a joint submission on penalty, ordering a reprimand and the successful completion of a professional ethics course.

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

The member admitted to failing to take adequate steps to facilitate a student's participation in a class trip, excluding the student citing health and safety concerns without implementing recommended accommodations.

The member also admitted to making inappropriate comments on the student's report card and failing to communicate with the student's parent.

The Discipline Committee accepted the member's guilty plea, finding the conduct constituted psychological or emotional abuse, failure to maintain professional standards, and disgraceful, dishonourable, or unprofessional conduct.

The Committee accepted a joint submission on penalty, ordering a reprimand, a three-month suspension of the member's certificate, and the completion of a course on classroom management.

This appeal concerned two class actions (Brazeau and Reddock) brought by federal inmates challenging the legality of administrative segregation practices.

The Court of Appeal for Ontario upheld the motion judge's finding of liability against Canada for breaches of ss. 7 and 12 of the Canadian Charter of Rights and Freedoms, concluding that the prolonged administrative segregation practices constituted cruel and unusual punishment and lacked independent review.

The court found that Canada's failure to alter its policies despite long-standing criticism met the "clear disregard for Charter rights" threshold for awarding damages.

However, the court set aside the motion judge's order in Brazeau to use aggregate damages for structural changes to penal institutions, deeming it an unjustifiable assumption of judicial control and a misinterpretation of the Class Proceedings Act.

The court also overturned the finding of systemic negligence in Reddock, concluding that Charter damages were the more appropriate remedy.

The appeals were allowed in part, with the Brazeau damages remitted for re-determination and the Reddock negligence finding reversed.

The Member, a teacher, pled guilty to professional misconduct for verbally, physically, and emotionally abusing students, including those with special needs.

The Member yelled at students, grabbed a student by the arm, made inappropriate comments about his personal life, and ridiculed a student's speech.

The Discipline Committee accepted the joint submission on penalty, ordering a written reprimand, a three-month suspension, and the completion of a course on classroom management with an emphasis on special needs students.

The Member, an elementary school teacher, pleaded guilty to professional misconduct including verbal, physical, emotional, and sexual abuse of female middle school students.

The Member made inappropriate sexual comments, stared at students' bodies, and engaged in unwanted touching.

The Discipline Committee accepted the guilty plea and joint submission on penalty.

As the misconduct included sexual abuse, the Committee ordered the mandatory revocation of the Member's teaching certificate and a reprimand.

The appellant, a former member of the Ontario College of Teachers' Council, appealed a motion judge's decision dismissing his anti-SLAPP motion under section 137.1 of the Courts of Justice Act.

The motion judge found that the appellant's communications to College members, the Attorney General, and the Minister of Education did not relate to matters of public interest and were merely private grievances.

The Court of Appeal found the motion judge committed a palpable and overriding error by failing to properly apply the objective test for public interest, impermissibly considering the appellant's motive at the first threshold step, and providing inadequate reasons that failed to engage with the appellant's arguments.

The appeal was allowed and the matter was remitted for rehearing before a different judge.

The member, a teacher, faced allegations of professional misconduct for inappropriate physical contact with female students, including tapping them on the shoulder and with his shoe, and unintentionally exposing their stomachs during a drill.

The member pleaded guilty via an agreed statement of facts.

The Discipline Committee found the member guilty of professional misconduct, including physical abuse and unprofessional conduct.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a one-month suspension of his teaching certificate, and the completion of a professional boundaries course.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct after she grabbed and shook a kindergarten student.

The member pleaded no contest to the allegations, admitting to physical and psychological abuse, failing to maintain professional standards, and contravening the Education Act.

The Discipline Committee accepted the uncontested facts and found the member guilty of professional misconduct.

Accepting a joint submission on penalty, the Committee ordered the member to receive a reprimand and to successfully complete a pre-approved course in classroom and anger management.

Following a successful summary judgment motion in a class action regarding administrative segregation in federal penitentiaries, the representative plaintiff sought partial indemnity costs of $1,235,590.33.

The defendant argued the costs were excessive and duplicative of work done in a concurrent class action involving mentally ill inmates.

The court rejected the defendant's argument that the work was largely duplicative, noting the cases were distinct and the defendant had tenaciously defended both.

The court made a modest reduction of $113,000 for some overlapping settlement discussions and awarded the plaintiff $1,122,590.33 in costs.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct, alleging he maintained a sexual relationship with a student over several years.

The member pleaded no contest to the allegations, which included inappropriate electronic communications, mutual masturbation, and physical contact of a sexual nature.

The member had previously been convicted of sexual exploitation and sexual assault under the Criminal Code.

The Discipline Committee found the member guilty of professional misconduct, including sexual abuse of a student.

Pursuant to the mandatory penalty provisions of the Ontario College of Teachers Act, the Committee ordered the immediate revocation of the member's teaching certificate and directed that he be reprimanded.

The plaintiff brought a summary judgment motion in a class action against the Federal Government regarding the use of prolonged administrative segregation in federal penitentiaries.

The court found that the Federal Government breached the class members' rights under sections 7 and 12 of the Charter by placing them in administrative segregation for more than 15 days, and that these breaches were not saved by section 1.

The court also found the Federal Government liable for systemic negligence.

The court awarded $20 million in aggregate Charter damages for vindication, deterrence, and compensation, to be distributed equally among the class members, while dismissing the claim for class-wide punitive damages.

The Member, a teacher, pled no contest to allegations of professional misconduct involving an inappropriate personal and sexual relationship with a Grade 9 student.

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

Accepting a joint submission on penalty, the Committee ordered the immediate revocation of the Member's teaching certificate and directed that she receive a reprimand.

In a certified class action, the Attorney General of Canada moved for an order adjourning a summary judgment motion sine die, pending the outcome of appeals in two related cases concerning administrative segregation.

Canada argued that an adjournment would prevent duplication of resources, inconsistencies in law, and allow for streamlining of issues, consistent with the Courts of Justice Act.

The plaintiff opposed the adjournment, citing substantial prejudice due to delay after two years of litigation.

The court refused the adjournment, finding that proceeding with the summary judgment motion was more efficient and fair, as the evidentiary record was complete, and the case should be decided based on existing law.

The court emphasized that an adjournment would waste prior work and add to costs, and that justice delayed is justice denied.

The Attorney General of Canada sought a second extension of the suspension of a declaration of invalidity regarding sections 31-37 of the Corrections and Conditional Release Act.

The application judge had found these provisions infringed section 7 of the Canadian Charter of Rights and Freedoms due to the absence of meaningful independent review within five working days of administrative segregation placement.

The court granted a conditional extension to June 17, 2019, requiring implementation of an independent fifth-day review of administrative segregation decisions, rather than the unconditional extension to November 30, 2019 that the Crown sought.

The plaintiffs in a long-standing medical malpractice action sought an adjournment of an 8-week jury trial, scheduled to commence April 15, 2019, due to a recent breakdown in counsel-client relationship and subsequent change of solicitors.

The defendants opposed the adjournment, emphasizing the age of the action, extensive trial preparation, and the significant delay a new trial date would entail.

The court, while expressing reluctance and noting that the change of counsel at the eleventh hour did not constitute an "exceptional circumstance" under the Toronto practice direction, ultimately granted the adjournment on terms.

This decision was influenced by the complexity of the medical negligence case and the involvement of a party under disability, necessitating new counsel sufficient time to review the file and address critical issues like Medicare and Medicaid.