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
Edward Troisi, OCT, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair
Sara Nouini, OCT
Alexander (Sandy) Bass, OCT
BETWEEN: ) Shane D’Souza,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Annie Lacroix,
) Law Clerk
– and – )
EDWARD TROISI ) Jerry Raso,
(CERTIFICATE #213874) ) Ontario English Catholic ) Teachers’ Association,
) for Edward Troisi, was not present )
) Julie Maciura,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: May 17, 2016
DECISION ON MOTION
Counsel for the Ontario College of Teachers (the “College”) brought a motion to seek leave from the Discipline Committee (the “Committee”) to withdraw the allegations set out in the Notice of Hearing dated March 12, 2013 (Exhibit 1).
Edward Troisi (the “Member”) was not present at the hearing and Member’s Counsel did not attend because both parties had consented to withdraw the allegations set out in the Notice of Hearing.
SUBMISSIONS OF COLLEGE COUNSEL
Counsel for the College advised the Committee that the parties agreed to withdraw the allegations of professional misconduct against the Member set out in the Notice of Hearing and submitted that there was no reasonable prospect of obtaining a finding of professional misconduct, should the matter proceed to a hearing, due to insufficient evidence.
DECISION
Having considered the submissions of Counsel for the College and given the consent of the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Edward Troisi set out in the Notice of Hearing dated March 12, 2013.
REASONS FOR DECISION
The Committee 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. The Committee accepts the submission of College Counsel that there was no reasonable prospect of obtaining a finding of professional misconduct, if the matter were to proceed to a hearing, due to insufficient evidence.
The Committee finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate.
Date: May 17, 2016
Robert Gagné
Chair, Discipline Panel
______________________________ Sara Nouini, OCT
Member, Discipline Panel
Alexander (Sandy) Bass, OCT
Member, Discipline Panel