DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, S.O. 1996, c. 12 and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF discipline proceedings against Sheldon E. Pelly, a member of the Ontario College of Teachers.
PANEL: Anne Vinet-Roy (Chair)
Danny Anckle
Jacques Tremblay
BETWEEN: )
) David Leonard,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Trevor Evans,
) Senior Law Clerk
- and - )
) Gary Hopkinson,
SHELDON E. PELLY ) Green & Chercover LLP,
(CERTIFICATE #223592) ) for Sheldon E. Pelly
) Christopher Wirth,
) Stockwoods LLP,
) Independent Legal Counsel
) Heard: September 27, 2006
REASONS FOR DECISION AND DECISION ON MOTION
Counsel for the College brought a motion to seek leave from the Committee to withdraw the allegations set out in the Notice of Hearing dated April 20, 2006.
Independent legal counsel advised the Committee that the Committee had jurisdiction to make the order requested, pursuant to section 4.1 of the Statutory Powers Procedure Act, which provides that if the parties consent, a proceeding may be disposed of by a decision of the Committee without a hearing.
The Committee considered the submissions of counsel for the Member and counsel for the College. Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct and incompetence against Sheldon E. Pelly set out in the Notice of Hearing, dated April 20, 2006.
The Committee concludes that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves and protects the public interest.
Date: September 27, 2006
Anne Vinet-Roy
Chair, Discipline Panel
Danny Anckle
Member, Discipline Panel
Jacques Tremblay
Member, Discipline Panel