Ontario College of Teachers v. Au, 2020 ONOCT 217

Discipline Committee of the Ontario College of Teachers

Ontario College of Teachers v Au 2020 ONOCT 217

Date: 2020-06-24

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 David Young Sout Au, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

DAVID YOUNG SOUT AU (REGISTRATION #420168)

PANEL: Jonathan Rose, Chair John Hamilton, OCT Sara Nouini, OCT

HEARD: June 24, 2020

Eli Mogil for the Ontario College of Teachers No one appearing for David Young Sout Au Erica Richler, Independent Legal Counsel

1On June 24, 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 David Young Sout Au (the “Member”) set out in three Notices of Hearing dated February 21, 2019 (Exhibit 1), February 27, 2019 (Exhibit 2), and April 23, 2020 (Exhibit 3). This matter proceeded by way of electronic hearing in accordance with section 3 of the Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020, S.O. 2020, c. 5, Sched 3.

2The Member did not attend the hearing and did not have legal representation.

A. SUBMISSIONS OF COLLEGE COUNSEL

3College Counsel sought the Panel’s permission to withdraw the allegations set out in the Notices of Hearing as the Member has passed away in May of 2020.

B. DECISION AND REASONS FOR DECISION

4Upon hearing the submissions of College Counsel and reviewing the Proof of Death of the Member, the Panel authorizes the College to withdraw the allegations against the Member set out in the Notices of Hearing dated February 21, 2019, February 27, 2019, and April 23, 2020.

5The 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.