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
Ivan Clement, OCT, a member of the Ontario College of Teachers.
PANEL: John Tucker, Chair Christine Bellini, OCT
Irene Dembek, OCT
BETWEEN: ) Caroline Zayid,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Litigation Paraprofessional
- and – )
IVAN CLEMENT ) Joshua Phillips,
(CERTIFICATE #156710) ) Ursel Phillips Fellows Hopkinson LLP
) for Ivan Clement
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel )
) ) Heard: July 10, 2013
DECISION ON MOTION
College Counsel brought a motion to seek leave from the Committee to withdraw the allegations set out in the Notice of Hearing dated March 14, 2012.
Ivan Clement was not in attendance.
Having reviewed the facts of this case, College Counsel sought to withdraw the allegations of professional misconduct and incompetence set out in the Notice of Hearing. 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 as Counsel submitted that the College was obligated to proceed in this manner given the new information received.
Counsel for the Member concurred.
Independent legal counsel (“ILC”) 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 and incompetence against Ivan Clement set out in the Notice of Hearing dated March 14, 2012.
The Notice of Hearing will be endorsed as follows:
“Notice of Hearing withdrawn at the request of College Counsel with the permission of the Committee on July 10, 2013”.
The Committee determined that the request for withdrawal is reasonable, appropriate and in the public interest.
Date: July 10, 2013
______________________________ John Tucker
Chair, Discipline Panel
Christine Bellini, OCT
Member, Discipline Panel
Irene Dembek, OCT
Member, Discipline Panel