DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
Ontario College of Teachers v Keshwah 2020 ONOCT 173
DECISION AND REASONS ON MOTION
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
Alex Bahadoor Keshwah, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
ALEX BAHADOOR KESHWAH (REGISTRATION #436103)
PANEL: John Hamilton, OCT, Chair Rebecca Forte, OCT Marlène Marwah
HEARD: July 7, 2020
Jean-François Schaan, for the Ontario College of Teachers Jack Brown, for Alex Bahadoor Keshwah Julie Maciura, Independent Legal Counsel
1On July 7, 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 Alex Bahadoor Keshwah (the “Member”) set out in a Notice of Hearing dated February 13, 2020 (Exhibit 1). With the consent of the parties, and in accordance with section 3 of the Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020, S.O. 2020, c. 5, Sched 3, this matter proceeded by way of an electronic hearing.
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 as the Member has passed away in May of 2020 and it would not be in the public interest to proceed in the circumstances.
B. SUBMISSIONS OF MEMBER’S COUNSEL
4Member’s Counsel explained the circumstances surrounding the Member’s death and submitted that there was no need to continue the disciplinary process in this case.
C. DECISION
5Upon hearing the submissions of the parties, having reviewed the Proof of Death of the Member (Exhibit 2) 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 February 13, 2020.
D. REASONS FOR DECISION
6The Panel 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. The withdrawal of the Notice of Hearing in the circumstances of the death of the Member is reasonable and appropriate.
Date: July 8, 2020
John Hamilton, OCT Chair, Discipline Panel
Rebecca Forte, OCT Member, Discipline Panel
Marlène Marwah Member, Discipline Panel