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
Joseph William Palmer, OCT, a member of the Ontario College of Teachers.
PANEL: Pauline Smart, Chair Alexander (Sandy) Bass, OCT
Wes Vickers, OCT
BETWEEN: ) Eli Mogil,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Litigation Paraprofessional
- and – )
JOSEPH WILLIAM PALMER ) Bernard A. Hanson,
(CERTIFICATE #183130) ) Cavalluzzo Hayes Shilton
) McIntyre & Cornish LLP,
) for Joseph William Palmer
) Rebecca Durcan,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel ) ) Heard: October 24, 2012
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 21, 2011.
Joseph William Palmer was not in attendance.
College Counsel advised that after the matter was referred to the Discipline Committee, medical information was received. In light of this medical information, Counsel submitted that a more appropriate resolution of this matter would be within the purview of the Fitness to Practise Committee. Counsel sought permission to withdraw the Notice of Hearing before the Discipline Committee. The Committee was advised that the matter would be referred to the Executive Committee for consideration. The Executive Committee has the authority to refer this matter to 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 Joseph William Palmer set out in the Notice of Hearing dated March 21, 2011.
The Notice of Hearing was endorsed as follows:
“Notice of Hearing withdrawn at the request of College and Defence Counsel with the permission of the Committee on October 24, 2012.”
Date: October 24, 2012
Pauline Smart
Chair, Discipline Panel
______________________________ Alexander (Sandy) Bass, OCT
Member, Discipline Panel
Wes Vickers, OCT
Member, Discipline Panel