DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
Citation: Ontario College of Teachers v Hamlyn, 2006 ONOCT 46
Date: 2006-03-06
IN THE MATTER OF the Ontario College of Teachers Act, 1996, and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF a discipline proceeding against
Robert John Hamlyn, a member of the Ontario College of Teachers.
PANEL: Eileen Walker, Chair Rosemary Fontaine
Jacques Tremblay
BETWEEN: ) ) David Leonard,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Trevor Evans,
) Senior Law Clerk
- and – )
) William Markle, Q.C.
) Markle May Phibbs,
Robert John Hamlyn ) for Robert John Hamlyn,
(CERTIFICATE #143416) ) assisted by Stephanie Carey
) Johanna Braden,
) Stockwoods LLP, ) Independent Legal Counsel ) ) Heard: March 6, 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 August 31, 2005.
Robert John Hamlyn was in attendance.
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 College counsel and counsel for the Member. Upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Robert John Hamlyn set out in the Notice of Hearing.
The Committee concludes that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves and protects the public interest.
Date: March 6, 2006
_____________________________ Eileen Walker
Chair, Discipline Panel
Rosemary Fontaine
Member, Discipline Panel
Jacques Tremblay
Member, Discipline Panel