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
Wayne Ellison Alambets, a member of the Ontario College of Teachers.
PANEL: Pauline Smart, Chair Louis Sloan, OCT
Wes Vickers, OCT
BETWEEN: ) Ava Arbuck,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Daniela De Bartolo,
) Law Clerk
- and – )
WAYNE ELLISON ALAMBETS ) Mandy Wojcik,
(CERTIFICATE # 234934) ) Sack Goldblatt Mitchell LLP,
) for Wayne Ellison Alambets
) Marc Spector,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel )
) ) Heard: February 3, 2014
DECISION ON MOTION
College counsel brought a motion to seek leave from a panel of the Discipline Committee (the “Committee”) to withdraw the allegations set out in the Notice of Hearing dated February 2, 2011 (Exhibit 1).
Although Wayne Ellison Alambets was not present, he was represented by Mandy Wojcik of Sack Goldblatt Mitchell LLP.
Having reviewed the facts of this case, College counsel sought permission to withdraw the allegations of professional misconduct set out in the Notice of Hearing. College counsel stated that after the matter had been referred to the Discipline Committee, counsel for the Member provided College counsel with medical information regarding the Member. College counsel submitted that in light of this medical information, the matter will be more appropriately dealt with by the Fitness to Practise Committee.
Counsel for the Member concurred with the College’s submissions and withdrawal request.
Independent legal counsel (“ILC”) advised the Committee that it has 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 Wayne Ellison Alambets set out in the Notice of Hearing dated February 2, 2011.
The Notice of Hearing will be endorsed as follows:
“Notice of Hearing withdrawn at the request of College Counsel with the permission of the Panel on February 3, 2014”.
The Committee determined that the request for withdrawal is reasonable, appropriate and in the public interest.
Date: February 3, 2014
______________________________ Pauline Smart
Chair, Discipline Panel
Louis Sloan, OCT
Member, Discipline Panel
Wes Vickers, OCT
Member, Discipline Panel