PUBLICATION BAN: Pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996, no person shall publish the identity of, or any information that could disclose the identity of, any person who is under 18 years old and is a witness in a hearing or is the subject of evidence in a hearing.
On June 19, 2018, the Discipline Committee also ordered a publication ban pursuant to subsection 32.1(1) of the Ontario College of Teachers Act, 1996, preventing the disclosure of any information that could identify Colleague 2, who was a witness in this matter.
DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
Citation: Ontario College of Teachers v Blake 2018 ONOCT 36
Date: 2018-06-19
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
Paul Thomas Blake, a member of the Ontario College of Teachers.
PANEL: Jane Ishibashi, Chair
Sara Nouini, OCT
Ravi Vethamany, OCT
BETWEEN: ) Shane D’Souza
) McCarthy Tétrault LLP,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers, ) assisted by Amy Leung,
– and – ) Law Clerk
PAUL THOMAS BLAKE ) Paul Thomas Blake,
(CERTIFICATE #447181) ) Self-represented
) Robin McKechney
) Steinecke Maciura LeBlanc, ) Independent Legal Counsel
) ) Heard: June 19, 2018
ORAL DECISION AND ORDER
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on June 19, 2018 at the Ontario College of Teachers (the “College”) at Toronto. Paul Thomas Blake (the “Member”) was self-represented but he did not attend the hearing.
Counsel for the College submitted and Affidavit of Amy Leung (Exhibit 2) sworn on June 18, 2018, to show that the Member had been informed of the allegations against him, the time and date of the hearing, as well as the penalty being sought. In this affidavit, Ms. Leung, a law clerk with McCarthy Tétrault LLP, outlines her communications with the Member and provides proof of service of all required documents. The Member was served with the Notice of Hearing, the College’s disclosure brief, a copy of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, and the College’s witness list as well as two will-say statements. Further, because the Member resides in the United Kingdom, the College offered the Member accommodations for him to participate in the hearing via video conference. The Member confirmed via email that he did not wish to participate in the hearing either by video conference or in person.
Based on this affidavit, the Committee was satisfied that the Member had been properly served with the Notice of Hearing and all disclosure documents and was aware of the time and date of the hearing and the penalty being sought by the College. The Committee delayed the start of the hearing by approximately 15 minutes to allow the Member time to appear. The Member did not appear. The Committee therefore heard this matter in the absence of the Member.
DECISION
Having considered the evidence, onus and standard of proof, and the submissions of College Counsel, the Committee finds the Member guilty of professional misconduct. In particular, the Committee finds that the Member committed acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(5), 1(12), 1(15), 1(18) and 1(19)
PENALTY DECISION
The Committee makes the following order as to penalty:
- The Committee directs that the Registrar of the Ontario College of Teachers immediately revoke the Certificate of Qualification and Registration of the Member, which Certificate the Member is to immediately surrender to the Registrar.
A written decision with reasons will follow.
Date: June 19, 2018
Jane Ishibashi
Chair, Discipline Panel
______________________________ Sara Nouini, OCT
Member, Discipline Panel
Ravi Vethamany, OCT
Member, Discipline Panel