Christopher Harold Karl Wirth

The appellants, former officers of a local union, were disciplined by an independent hearing officer pursuant to the union's constitution.

The union sought to enforce the hearing officer's decisions as arbitration awards under the Arbitration Act, 1991.

The application judge granted the enforcement, finding that the union constitution constituted an arbitration agreement.

On appeal, the Court of Appeal held that the internal disciplinary proceedings were not arbitrations and the union constitution was not an arbitration agreement.

The appeal was allowed and the enforcement applications were dismissed.

The respondent, a school principal, pleaded no contest to allegations of professional misconduct relating to the administration of Grade 3 and Grade 6 EQAO tests.

The respondent opened sealed test packages, permitted photocopying of tests, and directed teachers to disregard EQAO guidelines to ensure good test scores.

The respondent also provided direct assistance to students during the test.

The Discipline Committee found the respondent guilty of professional misconduct for failing to maintain the standards of the profession, failing to adequately supervise staff, and engaging in conduct unbecoming a member.

The Committee accepted a joint submission on penalty, ordering a reprimand, a 10-month suspension, and a condition requiring the completion of an ethics course before accepting any position requiring College membership.

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

The member consented to the withdrawal.

Pursuant to section 4.1 of the Statutory Powers Procedure Act, the Discipline Committee granted the motion and authorized the withdrawal of the allegations without a hearing.

The applicant sought judicial review of a decision by the Ontario Labour Relations Board.

The Board had dismissed ten applications for certification by the respondent union, finding it was not a construction industry trade union under s. 126(1) of the Labour Relations Act.

The Board also made obiter comments regarding s. 15 of the Act.

Because the applicant was successful before the Board in having the certification applications dismissed, the Divisional Court found the application for judicial review to be moot.

Applying the Borowski factors, the Court declined to hear the application, noting there is no public interest in reviewing obiter comments that did not form the ratio of the Board's decision.

The application was dismissed with costs.

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

The member consented to the withdrawal.

Pursuant to section 4.1 of the Statutory Powers Procedure Act, the Discipline Committee granted the motion and authorized the withdrawal of the allegations without a hearing.

The Member, an occasional teacher, faced allegations of professional misconduct including making inappropriate remarks to students, failing to provide adequate supervision, and disciplining a student by making him sit outside in the cold without a coat.

The Member pled no contest to failing to maintain the standards of the profession.

The Discipline Committee accepted the joint submission on penalty, ordering an admonishment and the completion of a course in student discipline techniques.

The Committee exercised its discretion to order publication of the decision without the Member's name, noting the conduct was relatively minor and there was no evidence of further misconduct.

The member faced allegations of professional misconduct and incompetence.

The College withdrew the professional misconduct allegations and proceeded on incompetence.

Based on an Agreed Statement of Facts and a plea of no contest, the Discipline Committee found the member incompetent due to repeated unsatisfactory performance appraisals and failure to improve classroom management skills.

The Committee accepted a joint submission on penalty, imposing terms, conditions, and limitations on the member's certificate, including requirements for a classroom management course and subsequent performance appraisals.

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

The member consented to the motion.

Pursuant to section 4.1 of the Statutory Powers Procedure Act, the Discipline Committee granted the motion and authorized the withdrawal of the allegations without a hearing.

The Ontario College of Teachers brought disciplinary proceedings against a member who pled guilty to a criminal charge of internet luring.

The member had communicated online for a sexual purpose with an undercover police officer whom he believed to be a 13-year-old female.

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

The Committee found the member guilty of professional misconduct, revoked his teaching certificate, and ordered the publication of the decision.

The appellant brought a proposed class action against Health Canada, alleging negligent regulation of temporomandibular joint (TMJ) implants.

The motion judge struck the claim under Rule 21.01(1)(b) on the basis that it disclosed no reasonable cause of action.

On appeal, the Court of Appeal affirmed the dismissal, holding that it was plain and obvious that Health Canada did not owe a private law duty of care to individual consumers of medical devices.

The statutory scheme did not create a proximate relationship, and the pleadings failed to allege specific representations or reliance that would establish proximity under the Anns/Cooper test.

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

The member was not in attendance but consented to the withdrawal.

Pursuant to section 4.1 of the Statutory Powers Procedure Act, the Discipline Committee granted the motion and authorized the College to withdraw the allegations.

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

With the consent of the parties and pursuant to section 4.1 of the Statutory Powers Procedure Act, the Discipline Committee authorized the withdrawal of the allegations without a hearing.

The Member faced allegations of professional misconduct for acting inappropriately towards female students, including asking them to try on sports clothing and a bathing suit in his office bathroom, inadvertently taking a digital photograph of a student, disregarding a principal's directive not to be alone with female students, and viewing nude photographs on a school computer.

The Member pleaded no contest to the allegations.

The Discipline Committee accepted the joint submission on penalty, ordering a reprimand, a three-month suspension of his teaching certificate, completion of a boundary course before returning to teaching, and publication of the decision.

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

The respondent pleaded no contest to allegations that he failed to maintain professional boundaries, made inappropriate comments to colleagues and students, and displayed poor classroom management.

The Discipline Committee accepted the joint submission on penalty, ordering the respondent to complete coursework in classroom management and professional interactions.

The Committee also ordered the publication of the decision with the respondent's name, finding that it would serve as a specific and general deterrent.

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

With the consent of the parties and pursuant to section 4.1 of the Statutory Powers Procedure Act, the Discipline Committee granted the motion and authorized the withdrawal of the allegations without a hearing.

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

The member consented to the withdrawal.

Pursuant to section 4.1 of the Statutory Powers Procedure Act, the Discipline Committee granted the motion and authorized the withdrawal of the allegations without a hearing.

The Ontario College of Teachers brought a discipline proceeding against a member who had been criminally convicted of internet child luring and escaping lawful custody.

The member did not attend the hearing.

The Discipline Committee found the member guilty of professional misconduct based on his criminal convictions, which involved communicating for a sexual purpose with an undercover police officer he believed to be a 13-year-old girl.

The Committee ordered the immediate revocation of the member's teaching certificate, emphasizing the need to protect students and deter such conduct.

The member, a Superintendent of Programs, pleaded no contest to allegations of professional misconduct after being convicted criminally of fraud over $5,000.

Over several years, the member submitted false invoices to the school board for consulting services from a company she secretly controlled, misappropriating over $194,000.

The Discipline Committee accepted the joint submission on penalty, finding the member guilty of professional misconduct and ordering the immediate revocation of her teaching certificate.

The Ontario College of Teachers brought allegations of incompetence against the Member following two unsatisfactory teacher performance appraisals citing issues with classroom management, student engagement, and preparation.

The Member pleaded no contest to the allegations and agreed to a joint submission on penalty.

The Discipline Committee found the Member incompetent and ordered that terms, conditions, and limitations be placed on his certificate, requiring him to complete specific Additional Basic Qualifications courses and provide two consecutive satisfactory performance appraisals before returning to teaching.

The member, an elementary school teacher, pleaded guilty to professional misconduct for associating with individuals he knew or ought to have known were members of a criminal organization (the Highway 66 Gang) actively engaged in criminal activities.

Although the member did not engage in criminal activities himself, his conduct was found to be disgraceful, dishonourable, and unbecoming a member.

The Discipline Committee accepted a joint submission on penalty, ordering a reprimand, a one-year suspension of his certificate of qualification and registration, and publication of the decision.