The appellant, an early childhood educator, appealed a discipline committee's order that he pay $257,353.76 in hearing costs after being found guilty of professional misconduct for sexually abusing a child.
The appellant argued the committee lacked jurisdiction to award costs because it found his conduct during the hearing was not unreasonable, relying on the tribunal's rules and the Statutory Powers Procedure Act.
The Divisional Court dismissed the appeal, finding it was reasonable for the committee to interpret its home statute as granting broad discretion to award costs following a finding of misconduct, which prevailed over any conflicting procedural rules.