DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
MOTION DECISION AND ORDER
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
Lee Allan Bujacz, OCT, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
LEE ALLAN BUJACZ (REGISTRATION #526770)
PANEL: Tom Potter, Chair Élaine Legault Rosemary Sadlier
HEARD: May 20, 2021
Andrew Matheson and Noam Uri, for the Ontario College of Teachers Christopher Perri and Kylie Sier, for Lee Allan Bujacz Julie Maciura, Independent Legal Counsel
1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on May 20, 2021, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.
2Lee Allan Bujacz (the “Member”) did not attend the proceeding and had legal representation.
A. THE MOTION
3Prior to the proceeding, the Member brought a motion to adjourn the previously scheduled May 20 and May 21, 2021 hearing dates without a return date, until such time as the Member is medically able to participate in a contested hearing before the Discipline Committee. At the outset of the proceeding, the Member amended his motion to adjourn the hearing to September 13, 2021. The hearing would then begin on September 13 and continue on October 6 and 7, 2021. The College did not oppose the motion but requested that the Panel place terms and conditions on the adjournment.
B. DECISION ON MOTION
4On May 20, 2021, having considered the evidence and submissions of the parties, the Panel granted the Member’s request for an adjournment and made the following order:
The hearing is rescheduled to proceed on September 13, October 6 and October 7, 2021;
If the Member seeks to adjourn the hearing dates above for medical reasons, the Member shall comply with the following terms:
(a) the Member shall serve and file a motion record in support of the adjournment request at least six weeks prior to September 13, 2021;
(b) if the College, acting reasonably, requests an evaluation of the Member by an independent [XXX] professional selected by the College, and the Member consents to such evaluation:
(i) the Member shall submit to such evaluation as soon as reasonably possible, in order that it may be completed no less than three weeks before September 13, 2021;
(ii) the evaluation will be reported to the College and may be introduced by the College into evidence in a proceeding including as part of the record on a motion by the Member for an adjournment;
(iii) the Member shall consent to the independent [XXX] professional receiving any information concerning the Member’s condition that the independent [XXX] professional deems necessary for their evaluation. This may include information from any treating health professionals or health professionals whose letters or reports the Member has relied upon to seek an adjournment. The Member will execute any further confirmation of his consent as may be necessary.
(c) The Member may only seek a variation of the terms of this order based on exigent circumstances, as determined within the discretion of the Discipline Committee.
5We are not seized of this matter. A new panel will be constituted for the hearing.
6A written decision with reasons will follow.
Date: May 20, 2021
Tom Potter Chair, Discipline Panel
Élaine Legault Member, Discipline Panel
Rosemary Sadlier Member, Discipline Panel