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 Motion of the Applicant, Jolanta Mariola Miszkiel, a member of the Ontario College of Teachers.
PANEL: Robert Gagné, Chair
BETWEEN:
ONTARIO COLLEGE OF TEACHERS Zirka Jakibchuk, for Ontario College of Teachers
-and-
JOLANTA MARIOLA MISZKIEL (CERTIFICATE # 272213) Jolanta Mariola Miszkiel, self-represented
Robin McKechney, Steinecke Maciura LeBlanc, Independent Legal Counsel
Heard: October 25, 2017
DECISION ON MOTION FOR ADJOURNMENT
A pre-hearing in this matter was scheduled to take place on October 25, 2017. In advance of the pre-hearing, Jolanta Mariola Miszkiel (the “Member”) corresponded with Counsel for the Ontario College of Teachers (the “College”), indicating that she was seeking an adjournment of this matter for medical reasons. As the Member was not present and was unrepresented, the College presented the Member’s motion for adjournment on consent, on behalf of the parties.
The parties also consented to the motion being heard before a single panel member of the Discipline Committee (the “Chair”) in accordance with rule 14.01(1) of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”).
The College consented to the Member’s request for adjournment, subject to the following terms, conditions or limitations, as agreed to by the parties:
By December 11, 2017, the Member will provide the College with a detailed medical report from her physician (Dr. Jerry Ochocinski) concerning her current state of health. The report will refer specifically to the Member’s current diagnosis, treatment, prognosis and ability to attend at the hearing of this matter.
By December 11, 2017, the Member shall provide to the College a signed consent allowing Dr. Ochocinski to communicate with the College regarding the Member’s health; and
If the parties are unable to agree on new hearing dates, there shall be another set date hearing by February 28, 2018.
Given the consent of the parties, and in accordance with rule 14.01(3) of the Rules and section 21 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, the Chair orders that the hearing of this matter scheduled for November 28-30 and December 4-6, 2017 be adjourned, subject to the terms, conditions or limitations set out above.
The Chair is satisfied that the order set out above is appropriate in the circumstances and meets the principle of serving and protecting the public interest.
Date: October 25, 2017
Robert Gagné, Chair, Discipline Panel