2 total
Consent motion granted ordering Member to produce investigation documents to the College.
The Ontario College of Teachers brought a consent motion for an order requiring the Member to produce an investigation report and interview transcripts related to alleged misconduct in Nunavut.
The College had been unable to obtain the documents directly from the Nunavut Department of Education.
The Member consented to producing the documents, provided he was ordered to do so by the Discipline Committee to remain compliant with legal obligations from another proceeding.
The Committee granted the motion, finding it would promote a fair and effective hearing, assist in assessing the merits of the allegations, and serve the public interest without causing prejudice.
Disclosure of confidential investigation transcripts authorized for use in civil action against applicants' former lawyers.
The applicants, claiming to be victims of a Ponzi scheme, sought a disclosure order under section 17 of the Securities Act to obtain transcripts and materials from a Commission investigation.
They sought these materials to assist in a civil action against their former lawyers, alleging breach of fiduciary and professional duties during the investigation.
The Commission found that, unlike typical cases where disclosure is sought against the subjects of an investigation, the applicants sought disclosure against their own lawyers regarding their conduct before the Commission.
Finding no appreciable confidentiality interest remaining and no risk to the concluded investigation, the Commission held it was in the public interest to authorize disclosure of the section 13 transcripts and related communications.
