DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996, and Ontario Regulation 437/97 thereunder;
AND IN THE MATTER OF a discipline proceeding against Lorraine Labbé, a member of the Ontario College of Teachers.
PANEL: Sara Nouini, OCT, Chair
Marie-Thérèse Hokayem
Stéphane Vallée, OCT
BETWEEN: )
) Christine Lonsdale and
) Charlotte-Anne Malischewski,
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers,
) assisted by Annie Lacroix,
) Law Clerk
– and – )
LORRAINE LABBÉ ) Lorraine Labbé,
(CERTIFICATE #277149) ) pro se
) Renée Kopp,
) Jones Litigation Counsel LLP,
) Independent Legal Counsel ) )
) Heard: April 26, 2017
ORAL DECISION AND ORDER ON MOTION
On April 26, 2017, Counsel for the Ontario College of Teachers (“the College”) submitted a motion before a panel of the Discipline Committee (the “Committee”). Subsequently, the Member submitted an additional motion before the Committee. The parties have reached an agreement concerning the wording of the two motions presented below.
THE PURPOSE OF THE MOTION BY THE COLLEGE IS TO OBTAIN:
An order giving the College leave to deliver its Notice of Motion and motion materials after the deadline set out in sub-rule 5.01(2) of the College’s Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”).
An order giving leave for the examination and cross-examination of Student A, Student 1, Student 2, Student 3 and Student 5 (“the Students”) to be held electronically, via videoconference.
THE PURPOSE OF THE MOTION BY THE MEMBER IS TO OBTAIN:
An order exempting the Member from the Rule governing the delivery of a motion record in light of the circumstances.
An order giving leave for the examination and cross-examination of Ms.Lucie Poitras to be held electronically, via videoconference.
DECISION
The Committee makes the following order as to the motion submitted by the College:
The College may deliver its Notice of Motion and motion materials after the deadline set out in sub-rule 5.01(2) of the College’s Rules of Procedure.
The examination and cross-examination of Student A, Student 1, Student 2, Student 3 and Student 5 (“the Students”) may be held electronically, via videoconference.
The Committee makes the following order as to the motion submitted by the Member:
The Committee grants an exception to the Rule governing the delivery of a motion record in light of the circumstances.
The examination and cross-examination of Ms.Lucie Poitras may be held electronically, via videoconference, subject to the following terms and conditions:
a) The College’s two Books of Documents shall be sent to Nathalie Martin-Boudreau at [XXX], accompanied by a copy of this order.
b) Nathalie Martin-Boudreau shall keep the documents at her home, and shall also be responsible for keeping them under seal in a safe place. She shall deliver them to Alexina Martin-Boudreau (her daughter) on the day of the testimony by Ms. Lucie Poitras. The sealed documents shall be delivered to Ms. Poitras by Alexina Martin-Boudreau.
c) The aforementioned documents are to remain sealed until Ms. Lucie Poitras is asked to open them if required during her testimony.
d) Once Ms. Poitras’s testimony has been completed, the aforementioned documents are to be returned to College Counsel for destruction. The documents are to be returned to the College by Ms.Nathalie Martin-Boudreau.
Date: April 26, 2017
Sara Nouini, OCT,
Chair, Discipline Committee
Marie-Thérèse Hokayem,
Member, Discipline Committee
Stéphane Vallée, OCT,
Member, Discipline Committee