DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
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
Vittorio Fellin, OCT, a member of the Ontario College of Teachers.
PANEL: Hanno Weinberger, OCT, Chair Danny Anckle
Irene Dembek, OCT
BETWEEN: ) David Leonard,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Litigation Paraprofessional
- and – )
VITTORIO FELLIN ) William Markle,
(CERTIFICATE #276862) ) Markle & Phibbs,
) for Vittorio Fellin
) Richard Steinecke,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: November 1, 2011
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 March 15, 2011.
Vittorio Fellin was in attendance.
Having reviewed the facts of this case, College counsel sought to withdraw the allegations of professional misconduct set out in the Notice of Hearing. College counsel determined that there was insufficient evidence to support the allegations. He indicated that should the matter proceed to a hearing, there was no reasonable prospect of obtaining a finding of professional misconduct. Counsel for the Member concurred.
Independent legal counsel advised the Committee that it had jurisdiction to make the order requested pursuant to Rule 13(13) of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
Having considered the submissions of College Counsel and Counsel for the Member, and upon the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Vittorio Fellin set out in the Notice of Hearing dated March 15, 2011.
The Committee determined that the request for withdrawal is reasonable and appropriate and serves the public interest.
Date: November 14, 2011
______________________________ Hanno Weinberger, OCT
Chair, Discipline Panel
Danny Anckle
Member, Discipline Panel
Irene Dembek, OCT
Member, Discipline Panel