Discipline Committee of the Ontario College of Teachers
DECISION AND REASONS ON MOTION FOR ADJOURNMENT
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
John Wilfred Martin Johnston, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
JOHN WILFRED MARTIN JOHNSTON (REGISTRATION # 168913)
PANEL: Jean-Luc Bernard, OCT, Chair Godwin Ifedi Alicia Nunn, OCT
HEARD: April 25, 2019
Ava Arbuck of McCarthy Tétrault LLP, for Ontario College of Teachers No one appearing for John Wilfred Martin Johnston Julie Maciura of Steinecke Maciura LeBlanc, Independent Legal Counsel
This motion came on for hearing before a panel of the Discipline Committee (the “Committee”) on April 25, 2019 at the Ontario College of Teachers (the “College”) at Toronto.
John Wilfred Martin Johnston (the “Member”) is alleged to have committed professional misconduct in a Notice of Hearing dated February 7, 2018. Hearing date(s) have not yet been scheduled. The Member brought a motion in advance of the hearing.
SUBMISSIONS AND EVIDENCE ON MOTION FOR ADJOURNMENT
The panel convened on April 25, 2019 to hear the motion brought by the Member. He did not appear. College Counsel advised the panel that both counsel and the Tribunals Office received correspondence from the Member seeking an adjournment of the April 25, 2019 date. That correspondence was filed as an exhibit. The Member indicated two reasons for seeking that adjournment. First, he would like to seek the assistance of counsel before the motion is argued. Second, health reasons preclude his attendance on April 25, 2019. A medical note authored by the Member’s doctor and provided by the Member to the College was also filed as an exhibit.
College Counsel submitted that the College took no position on the request for an adjournment. The College neither objected to the request nor consented to it, and left it to the panel to decide whether the request ought to be granted. College Counsel provided the correspondence received from the Member, as well as the medical note. She noted that while the correspondence from the Member requested a hearing date of June 20, 2019, that date is not available for the hearing of a motion. In those circumstances, College Counsel asked that, if the request for an adjournment is granted, the motion be scheduled as soon as possible after June 20, 2019. College Counsel indicated that her understanding was that the earliest available date for the panel was August 15, 2019.
DECISION ON MOTION FOR ADJOURNMENT
The Committee grants the Member’s request for an adjournment. The Member indicated he would be prepared to argue the motion on June 20, 2019. That date is not available. The earliest available date for the hearing of the motion after June 20, 2019 is August 15, 2019. The motion is adjourned to that date.
REASONS FOR DECISION
The Committee carefully considered the submissions of the parties. Pursuant to Rule 14 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”), the Committee has the discretion to adjourn a hearing. Furthermore, pursuant to sub-rule 14.01(2) of the Rules and in accordance with section 21 of the Statutory Powers Procedure Act, the Committee may consider one or more of the following factors when deciding whether or not to grant an adjournment:
the sufficiency of the reasons advanced for the request to adjourn;
the timeliness of the request;
the resources of the Committee, including scheduling related issues;
any prejudice to the parties;
whether any adjournments had been granted previously;
the consent of the parties; or
any other relevant factor.
The Committee was satisfied that the Member’s request for an adjournment ought to be granted.
First, this is the Member’s motion. He has indicated that he requires the assistance of counsel to respond to the materials filed by the College in response to his motion. The Committee is satisfied that this is a reasonable request.
Second, and significantly, while the College does not consent to the Member’s request, it also does not oppose the Member’s request for an adjournment.
Third, College Counsel advised the panel that in her discussions with the Member, he indicated that he would not be teaching in the interim period between April 25, 2019 and the date the motion can be argued.
Fourth, the Member indicated that health issues prevented him from appearing before the Committee on April 25, 2019. He provided a medical note which was filed by College Counsel as an exhibit. The Committee is satisfied that the Member’s health issues prevented him from attending on April 25, 2019.
Fifth, the Member requested an adjournment to June 20, 2019 for the hearing of the motion. The Committee heard submissions that this date is not available for the hearing of the motion. The soonest available date for this panel to hear the motion after June 20, 2019 is August 15, 2019. The Committee is satisfied that an adjournment of the Member’s motion to that date will not result in undue delays in this proceeding.
Accordingly, the Committee granted the Member’s request for an adjournment. The hearing of the motion is adjourned to August 15, 2019. The Committee is satisfied that this order is reasonable and appropriate in the circumstances.
Date: April 25, 2019
Jean-Luc Bernard, OCT Chair, Discipline Panel
Godwin Ifedi Member, Discipline Panel
Alicia Nunn, OCT Member, Discipline Panel