Nancy J. Spies

The testator left seven rental properties to his daughter, provided she pay $1,300 monthly from the rent to his widow.

The motions judge found this provision to be a void condition subsequent and an unlawful restraint on alienation, granting the properties to the daughter absolutely.

The Court of Appeal allowed the appeal, holding that the provision was an internal limit on the gift that reflected the testator's clear intention to benefit both his daughter and his widow.

The daughter is entitled to the properties subject to the requirement to make the monthly payments during the widow's lifetime.

The Member, a certified teacher, faced allegations of professional misconduct arising from two incidents: criminal convictions for uttering threats and dangerous driving, and an incident where he physically assaulted a 13-year-old student by grabbing him by the neck and arm and forcibly removing him from the classroom.

The Member pleaded no contest to the allegations.

The Discipline Committee found the Member guilty of professional misconduct and accepted a joint submission on penalty, ordering an 18-month suspension, a written reprimand, and the completion of a course on discipline techniques and classroom management before returning to teaching.

The Ontario College of Teachers brought discipline proceedings against a member who sexually assaulted a student while providing private tutoring in the student's home.

The member had previously pleaded guilty to criminal charges related to the incident and received a conditional sentence.

The member did not attend the discipline hearing but submitted an Agreed Statement of Facts and Guilty Plea.

The Discipline Committee accepted the guilty plea, found the member guilty of professional misconduct, and ordered the immediate revocation of his teaching certificate.