Ontario College of Teachers v. Lenting, 2021 ONOCT 11

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Lenting 2021 ONOCT 11

Date: 2021-02-17

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

Michael Jacob Lenting, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

MICHAEL JACOB LENTING (REGISTRATION #257188)

PANEL: Nicola Powadiuk, OCT, Chair

John Cammarata

Sara Nouini, OCT

HEARD: February 17, 2021

Charlotte-Anne Malischewski and Kathryn McChesney, for the Ontario College of Teachers

No one appearing for Michael Jacob Lenting

Rebecca Durcan, Independent Legal Counsel

1On February 17, 2021, 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 Michael Jacob Lenting (the “Member”) set out in a Notice of Hearing dated March 2, 2020 (Exhibit 1). In accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee, this proceeding was heard electronically.

2The Member did not attend the proceeding 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 Notice of Hearing as there was insufficient evidence to prosecute this matter and it would not be in the public interest to proceed in the circumstances.

B. DECISION

4On February 17, 2021, upon hearing the submissions of College Counsel, the Panel authorized the College to withdraw the allegations against the Member set out in the Notice of Hearing dated March 2, 2020.

C. REASONS FOR DECISION

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 Panel accepts the submissions of College Counsel that it would not be in the public interest to proceed with this matter given the lack of evidence. The Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate.