Christine L. Lonsdale

The appellant's appeal and two interlocutory motions were dismissed.

The respondent sought costs of $10,000 on a partial indemnity basis, while the self-represented appellant argued for no costs against him and $1,300 in his favour.

The Divisional Court found no reason to depart from the general rule that costs follow the event.

The court awarded the respondent $10,000 in costs, noting the extensive preparation and helpful submissions of respondent's counsel compared to the appellant.

The Member, a teacher, faced allegations of professional misconduct for posting inappropriate and discriminatory comments on a blog and his website regarding abortion and homosexuality, and for making homophobic remarks to a student and his principal.

The Member pled no contest to the allegations.

The Discipline Committee found the Member guilty of professional misconduct.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a one-month suspension of his Certificate of Qualification, completion of a course on maintaining appropriate boundaries, and publication of the decision including the Member's name.

Following the dismissal of the appellant's class action appeal as statute-barred, the respondent trust companies sought costs.

The appellant argued that no costs should be awarded because the action was brought in the public interest and raised a new point of law under s. 31(1) of the Class Proceedings Act, 1991.

The Court of Appeal rejected this argument, finding no improper conduct by the respondents and concluding that costs should follow the event.

The respondents were awarded their requested costs totaling $61,966.55.

The Ontario College of Teachers brought a discipline proceeding against a teacher for professional misconduct and incompetence.

The teacher received two unsatisfactory performance appraisals and demonstrated significant deficiencies in planning, teaching methods, student evaluation, and classroom management.

The Discipline Committee found the teacher guilty of professional misconduct and incompetence, noting her refusal to follow improvement plans and inappropriate behaviour towards students.

The Committee ordered a one-month suspension, a reprimand, and imposed conditions requiring the completion of remedial courses before returning to teaching.

The appellant appealed a Rule 21 motion decision that dismissed her proposed class action claims for constructive and common law fraud against the respondent trustees.

The motion judge found the claims were released by a CCAA settlement and were statute-barred.

The Court of Appeal upheld the decision, finding that the appellant had all material facts necessary to discover her claim when the Monitor's 39th report was issued in February 2010.

Because she issued her notice of action more than two years later in August 2012, the claim was statute-barred under the Limitations Act, 2002.

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.

The plaintiffs brought a motion to certify a proposed class proceeding for settlement purposes against a credit card network defendant in a competition law action alleging conspiracy to fix merchant discount and interchange fees for Visa and MasterCard credit card transactions.

The claims included alleged breaches of the Competition Act, tortious conspiracy, intentional interference with economic interests, and unjust enrichment.

The court considered the certification criteria under s. 5(1) of the Class Proceedings Act, 1992 and held that the pleadings disclosed a cause of action, an identifiable class was established, common issues existed, and a class proceeding was the preferable procedure with an adequate representative plaintiff.

The court noted that certification for settlement purposes still requires satisfaction of the statutory criteria, though the analysis may be less strict given the settlement context.

Certification was granted as against the settling defendant and the proposed notice and notice plan were approved.

The Discipline Committee held a penalty hearing after finding the member guilty of professional misconduct for failing to maintain appropriate boundaries with students.

The member did not attend the hearing.

The Committee ordered a three-month suspension of the member's teaching certificate, required him to complete a course on maintaining boundaries before accepting any teaching position, and ordered a verbal reprimand and publication of the decision.

Following a finding of professional misconduct for being alone in a car with a female student on an isolated road, a penalty hearing was held for the member.

The College sought a reprimand, a boundaries course, a suspension, and publication with the member's name, while the member opposed the suspension and publication of his name.

The Discipline Committee ordered a reprimand, completion of a boundaries course, a one-month suspension, and publication of the decision including the member's name, emphasizing the need for specific and general deterrence.

The Ontario College of Teachers brought a discipline proceeding against a member whose teaching certificate had been cancelled by the Nova Scotia Department of Education for professional misconduct.

The member had engaged in inappropriate behaviour over a three-year period, including making sexual comments to colleagues, discussing his personal relationships with students, and conducting unsafe experiments.

The Discipline Committee found the member guilty of professional misconduct based on the findings from Nova Scotia.

The Committee ordered the revocation of the member's Certificate of Qualification and Registration and directed that his name be published in the College's official publication.

The plaintiff brought a proposed class action against the former and current trustees of the Nortel Health and Welfare Trust, alleging fraud and constructive fraud in the administration of the trust.

The defendants moved to strike the claim under Rule 21, arguing that the claims were barred by a release granted in Nortel's CCAA proceedings and were statute-barred under the Limitations Act, 2002.

The court held that the CCAA release barred the constructive fraud claims, and that the plaintiff failed to plead a tenable claim for common law fraud.

Furthermore, the court found that the claims were discovered outside the two-year limitation period.

The action was dismissed.

The Ontario College of Teachers alleged that the Member, a teacher, engaged in an inappropriate sexual relationship with a student.

The Discipline Committee heard conflicting testimony from the student, the Member, and a police officer who found them parked in a car on an isolated road.

The Committee found the student's testimony regarding sexual contact to be inconsistent and uncorroborated, and therefore dismissed the allegations of sexual abuse.

However, the Committee found that the Member's admitted conduct of being alone with the student in his car on an isolated road, and asking the police officer not to report the incident, constituted professional misconduct, as it failed to maintain professional boundaries and was disgraceful, dishonourable, and unbecoming a member.

The Ontario College of Teachers brought a discipline proceeding against a member alleging incompetence and professional misconduct.

The College withdrew the professional misconduct allegations.

The member did not attend the hearing but submitted a plea of no contest to the allegation of incompetence, acknowledging two unsatisfactory performance appraisals related to classroom management, ongoing assessment, and teaching strategies.

The Discipline Committee found the member incompetent under subsection 30(3) of the Ontario College of Teachers Act, 1996.

The Committee accepted a joint recommendation on penalty, ordering that terms, conditions, and limitations be placed on the member's Certificate of Qualification, including the requirement to complete an Additional Qualification course and undergo performance appraisals upon returning to teaching.

The Ontario College of Teachers brought a discipline proceeding against a member who had previously been found guilty of unprofessional conduct by the Northwest Territories Ministry of Education.

The member had engaged in grooming behaviour and initiated a sexual relationship with a student, resulting in the cancellation of his teaching certificate in the Northwest Territories.

The Discipline Committee found the member guilty of professional misconduct under Ontario Regulation 437/97, relying on the findings from the other jurisdiction.

The Committee ordered the revocation of the member's Certificate of Qualification and Registration and directed that the decision be published with his name.

The Discipline Committee held a penalty hearing after finding the Member guilty of professional misconduct for failing to report a staff member's sexual abuse of a student, fostering a climate of intimidation, and mismanaging funds.

The College sought revocation, while the Member's counsel argued against publication and raised procedural objections.

The Committee ordered the revocation of the Member's Certificate of Qualification and Registration, imposed a five-year waiting period for reinstatement, and ordered publication of the decision with the Member's name, emphasizing the need for specific and general deterrence and the protection of the public interest.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct, including failing to supervise students, lateness, using inappropriate language, and failing to meet administrative deadlines.

The member pled guilty to the allegations.

The Discipline Committee accepted the guilty plea, found the member guilty of professional misconduct, and ordered a verbal reprimand, completion of an additional qualification course, and publication of the decision including the member's name.

The Ontario College of Teachers alleged that the member was incompetent based on three unsatisfactory performance appraisals conducted by a school principal during the 2008-2009 school year.

The Discipline Committee found that the evidence presented, which was limited to the principal's performance appraisals, was insufficient to discharge the College's burden of proof.

The Committee noted the absence of corroborating evidence such as lesson plans or student work, and observed that the member had demonstrated some improvement.

The allegations of incompetence were dismissed.

The appellant, the Ontario College of Teachers, appealed a decision of its discipline committee allowing the respondent's motion to have her verbal reprimand administered in Ottawa rather than Toronto.

The Divisional Court allowed the appeal, finding that the committee erred in its application of the doctrine of res judicata.

The court held that the issue of the location of the reprimand had already been decided in a previous hearing where the respondent was ordered to attend in person, which implicitly meant Toronto.

The committee's conclusion that it had not decided the location was unreasonable, and there were no exceptional circumstances to justify refusing to apply issue estoppel.

The Discipline Committee held a penalty hearing after finding the Member guilty of professional misconduct for exhibiting a lack of respect for students, using inappropriate language, and failing to demonstrate care for special needs students.

Considering the Member's inexperience as a mitigating factor, the Committee ordered that the Member be counselled, complete a pre-approved course on classroom management at his own expense, and have the findings published in summary form without his name.

The Ontario College of Teachers brought a discipline proceeding against a school principal for professional misconduct.

The allegations included failing to report the sexual abuse of an intellectually-challenged student by an educational assistant, exhibiting favouritism toward that assistant, and fostering a climate of intimidation among staff.

The Discipline Committee heard testimony from multiple witnesses confirming the principal's inappropriate conduct, administrative deficiencies, and failure to protect students.

The principal's defence relied on 'deliberate ignorance' regarding the assistant's actions.

The Committee found that this deliberate ignorance constituted active participation and knowledge, concluding that the principal committed professional misconduct by violating multiple provisions of Ontario Regulation 437/97.