Ontario College of Teachers v Volk 2020 ONOCT 140

Date: 2020-03-03

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

Gregory Volk, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

Gregory Volk (REGISTRATION # 469441)

PANEL: Nicola Powadiuk, OCT, Chair

John Hamilton, OCT

Marlène Marwah

HEARD: March 3, 2020

Stephanie Sugar and Vincent DeMarco, for the Ontario College of Teachers

Heather Ann McConnell, for Gregory Volk

Julie Maciura, Independent Legal Counsel

1On March 3, 2020 Counsel for the Ontario College of Teachers (the “College”) brought a motion to seek leave from a panel of the Discipline Committee (the “Panel”) to withdraw the allegations against Gregory Volk, set out in a Notice of Hearing dated May 9, 2018 (Exhibit 1).

2The Member did not attend the hearing but had legal representation.

A. SUBMISSIONS OF COLLEGE COUNSEL

3College Counsel sought the Panel’s permission to withdraw the allegations set out in the Notice of Hearing, given that the Member’s case has already been dealt with by another Committee of the College.

B. SUBMISSIONS OF MEMBER’S COUNSEL

4Member’s Counsel accepted College Counsel’s submissions.

C. DECISION

5Upon hearing the submissions of the parties and given the consent of the parties, the Panel authorizes the College to withdraw the allegations against the Member set out in the Notice of Hearing dated May 9, 2018.

D. REASONS FOR DECISION

6The 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. In light of the Member’s case having previously been dealt with by another Committee of the College, this Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves to protect the public interest.

Date: March 3, 2020

Nicola Powadiuk, OCT

Chair, Discipline Panel