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
Cory James Baylis, OCT, a member of the Ontario College of Teachers.
PANEL: Darlene Mead, OCT, Chair Pauline Smart
Jacques Tremblay, OCT
BETWEEN: ) Lisa Filgiano,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Litigation Paraprofessional
- and – )
CORY JAMES BAYLIS ) Charlene Wiseman,
CERTIFICATE #476872) ) Sack Goldblatt Mitchell,
) for Cory James Baylis
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: April 28, 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 February 8, 2011.
Cory James Baylis was not 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 due to the inability to locate key witnesses. Should the matter proceed to a hearing, it was unlikely that there would be 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(16) of the Rules of Procedure of the Discipline Committee. Independent legal counsel noted that the burden of proof is on the College and the College is unable to meet the burden of proof in this case.
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 Cory James Baylis set out in the Notice of Hearing dated February 8, 2011.
The Committee determined that the request for withdrawal is reasonable and appropriate and serves the public interest.
Date: April 28, 2011
______________________________ Darlene Mead, OCT, Chair
Chair, Discipline Panel
Pauline Smart,
Member, Discipline Panel
Jacques Tremblay, OCT
Member, Discipline Panel