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
Shahzad Vasta, OCT, a member of the Ontario College of Teachers.
PANEL: Shanlee Linton, OCT, Chair
Jane Ishibashi
Pauline Smart
BETWEEN: ) Ava Arbuck,
) McCarthy Tétrault LLP, ) for Ontario College of Teachers,
ONTARIO COLLEGE OF TEACHERS ) assisted by Annie Lacroix,
) Law Clerk
– and – )
SHAHZAD VASTA ) Vanora Simpson,
(CERTIFICATE #445097) ) Goldblatt Partners LLP
) for Shahzad Vasta )
) Robin McKechney,
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: November 30, 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 September 9, 2014 (Exhibit 1).
Shahzad Vasta (the “Member”) was in attendance for the hearing and had legal representation
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 the parties, the Committee authorizes the College to withdraw the allegations of professional misconduct against Shahzad Vasta set out in the Notice of Hearing dated September 9, 2014.
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: November 30, 2016
Shanlee Linton, OCT
Chair, Discipline Panel
______________________________ Jane Ishibashi
Member, Discipline Panel
Pauline Smart
Member, Discipline Panel