Lisa Margaret Filgiano

The moving party, Donald Bartlett Jr., sought leave to appeal an interlocutory order that dismissed his motion to amend his statement of defence and withdraw admissions made in 1990 regarding a guarantee.

The Divisional Court applied the test under Rule 62.02(4)(b) of the Rules of Civil Procedure.

While the court found good reason to doubt the correctness of the motion judge's findings on two of the three elements for withdrawing an admission, it found no reason to doubt the finding on the second element (inadvertence or wrong instructions).

Furthermore, the court held that the matter did not involve issues of public importance.

The motion for leave to appeal was dismissed with costs fixed at $7,000.

The defendant sought leave to amend a statement of defence to withdraw admissions made more than two decades earlier acknowledging the validity of a personal guarantee given in connection with a corporate loan.

The proposed amendment would allow the defendant to assert defences of undue influence, lack of proper independent legal advice, and vulnerability.

The court held that the motion was governed by rule 51.05 of the Rules of Civil Procedure because the amendment effectively sought withdrawal of admissions.

The moving party failed to establish that the amendment raised a triable issue, that the original admissions were inadvertent or based on wrong instructions, or that the withdrawal would not cause prejudice.

Allowing the amendment would also constitute an abuse of process because the defendant had relied on the validity of the guarantee in prior litigation and sworn evidence.

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

The member engaged in inappropriate electronic communications with the student and met with her outside of school on several occasions, during which physical contact occurred.

The member had previously been reprimanded by his school board for similar conduct but continued the relationship.

The Discipline Committee found the member guilty of professional misconduct and sexual abuse, rejecting his claim that he was merely trying to end the relationship.

The Committee ordered the revocation of the member's Certificate of Qualification and Registration.

The appellant appealed a Small Claims Court judgment finding it partially liable for a customer’s business losses after a mobile device failed to function overseas due to the absence of a SIM card.

The appeal primarily concerned the interpretation and applicability of a limitation of liability clause in the service agreement and whether the trial judge erred in findings relating to gross negligence and mitigation.

The court held that the exclusion clause did not clearly apply to the complete failure of the device to function for its intended purpose and was at best ambiguous, requiring interpretation against the drafting party.

The court also found no reversible error in the trial judge’s credibility findings or assessment of mitigation.

The appeal was dismissed and the damages award upheld.

The member, a technology and design teacher, pleaded no contest to allegations of professional misconduct after removing an emergency generator from the school without authorization, storing it in his home garage, and failing to report its loss.

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

The Committee ordered a reprimand and directed that the findings and order be published in the College's official publication with the member's name, noting that his actions put the school population at risk.

The member, a teacher, pleaded guilty to criminal charges of possessing child pornography and was sentenced to nine months in prison.

The Ontario College of Teachers brought a discipline proceeding against the member for professional misconduct.

The Discipline Committee found the member guilty of professional misconduct, noting that possession of child pornography is a serious crime that victimizes children and puts students at risk.

The Committee ordered the revocation of the member's certificate of qualification and registration, and directed that the decision be published.

The member, a school principal, submitted fraudulent invoices and accepted reimbursement from the school board for teaching materials and a television that were never located at the school.

The member pleaded no contest to allegations of professional misconduct.

The Discipline Committee found the member guilty of professional misconduct and ordered a reprimand, a 1.5-year suspension of his teaching certificate, and publication of the decision.

The member, an elementary school teacher, pled no contest to allegations of professional misconduct stemming from an inappropriate relationship with a student.

The member communicated with the student electronically and kissed the student in his vehicle, leading to a criminal conviction for sexual assault.

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

The Committee ordered the immediate revocation of the member's teaching certificate and publication of the decision with the member's name.

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

The parties consented to disposing of the proceeding without a hearing pursuant to the Statutory Powers Procedure Act.

The Discipline Committee granted the motion, allowing the withdrawal of the Notice of Hearing in exchange for the member's undertaking to complete an Additional Qualification course in reading and to obtain a satisfactory performance appraisal upon returning to work.

The Committee found the resolution reasonable and in the public interest.

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

The College determined there was insufficient evidence to support the allegations because key witnesses could not be located, making a finding of professional misconduct unlikely.

The member's counsel consented to the motion.

The Discipline Committee granted the motion, finding the withdrawal reasonable, appropriate, and in the public interest.

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

College counsel indicated there was no reasonable prospect of a finding of professional misconduct, and counsel for the Member consented.

The Discipline Committee granted the motion, finding the withdrawal reasonable, appropriate, and in the public interest.

Counsel for the Ontario College of Teachers brought a motion seeking leave to withdraw the allegations of professional misconduct against the Member, as there was no reasonable prospect of a finding of professional misconduct.

The Member's counsel consented.

The Discipline Committee granted the motion, finding the withdrawal reasonable, appropriate, and in the public interest.

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

The College advised that a finding of professional misconduct was unlikely if the matter proceeded to a hearing.

The member consented to the motion.

The Discipline Committee granted the motion, finding that the withdrawal of the allegations served the public interest.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct and incompetence against the member, which were based on three unsatisfactory teacher performance appraisals.

With the consent of the parties, the Discipline Committee granted the motion, finding that the withdrawal of the Notice of Hearing was reasonable and protected the public interest.