Ontario College of Teachers v. Byam, 2020 ONOCT 180

Discipline Committee of the Ontario College of Teachers

Ontario College of Teachers v Byam 2020 ONOCT 180

Date: 2020-08-05

DECISION AND ORDER 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 Bernadette Yolande Byam, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

BERNADETTE YOLANDE BYAM (REGISTRATION #519305)

PANEL: Rebecca Forte, OCT, Chair Sara Nouini, OCT Jonathan Rose

COUNSEL: Andrew Matheson and Vincent DeMarco, for the Ontario College of Teachers Olanyi Parsons, for Bernadette Yolande Byam Julie Maciura, Independent Legal Counsel

PUBLICATION BAN: Pursuant to subsections 32.1(3) and 32.1(4) 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 and no person shall publish the identity of or any information that could disclose the identity of Student 1, being a person who was allegedly sexually abused or the subject of the sexual misconduct or a prohibited act involving child pornography.

1This motion by the Member for adjournment was heard before a panel of the Discipline Committee (the “Panel”) on August 5, 2020 at the Ontario College of Teachers (the “College”). 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.

2Bernadette Yolande Byam (the “Member”) attended the motion hearing and had legal representation.

3The Panel grants the Member’s motion for an adjournment to provide her with time to bring a motion to address the issue of the Panel’s jurisdiction to hear the merits of this matter. The Panel further orders that:

1. the Member serve on the College and file with the hearings office a Notice of Motion regarding the issue of the Panel’s jurisdiction over pre-membership conduct, along with all motion materials including any evidence, written argument and Book of Authorities by end of day September 14, 2020;

2. the College serve on the Member and file with the hearings office any responding materials by end of day on September 28, 2020;

3. the Member serve on the College and file with the hearings office any reply materials by end of day on October 13, 2020;

4. the Member’s forthcoming motion regarding the issue of the Panel’s jurisdiction over pre-membership conduct will be heard at 9:00 a.m. on November 18, 2020; and

5. the parties will each be allowed one hour for oral arguments for this motion.

4With respect to the Member’s motion for production of third party records, the Panel orders that:

1. the Member’s third-party-records Notice of Motion be served on the parties, the person possessing the documents and on any other person with a significant interest in those records by end of day on August 19, 2020;

2. the Member’s motion for production of third party records will be heard on November 18, 2020, following arguments on the motion regarding the issue of the Panel’s jurisdiction over pre-membership conduct; and

3. the parties will each be allowed one hour for oral arguments for this motion.