DISCIPLINE COMMITTEE
OF THE ONTARIO COLLEGE OF TEACHERS
Citation: Ontario College of Teachers v Vail, 2009 ONOCT 53
Date: 2009-11-25
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
Robert Kenneth R. Vail, OCT, a member of the Ontario College of Teachers.
PANEL: Mel Greif, Chair Alexander Bass, OCT
Jacques Tremblay, OCT
BETWEEN: )
) David Leonard
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Trevor Evans
) Senior Law Clerk
- and - )
) Simon Blackstone,
ROBERT KENNETH R. VAIL ) Green & Chercover LLP,
(CERTIFICATE #246083) ) for Robert Kenneth R. Vail
) Bonni Ellis,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: November 25, 2009
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 19, 2009.
Robert Kenneth R. Vail was not in attendance.
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 Kenneth R. Vail set out in the Notice of Hearing dated August 19, 2009.
College counsel indicated that no witnesses would come forward and that therefore there was no reasonable prospect of a finding of professional misconduct. There was agreement by the Member’s counsel.
The Committee concludes that the withdrawal of the Notice of Hearing in these circumstances is reasonable.
Date: November 25, 2009
Mel Greif
Chair, Discipline Panel ________________________________
Alexander Bass, OCT
Member, Discipline Panel
Jacques Tremblay, OCT
Member, Discipline Panel