Ontario College of Teachers v. Lam, 2021 ONOCT 71

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Lam 2021 ONOCT 71

Date: 2021-07-07

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 Kam Wah Lam, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

DAVID KAM WAH LAM (REGISTRATION #455163)

PANEL: Wanda Percival, Chair Emile Ramlochan Claudette Rutherford, OCT

HEARD: July 7, 2021

Jordan Stone, for the Ontario College of Teachers Jerry Raso, for David Kam Wah Lam Julie Maciura, Independent Legal Counsel

1On July 7, 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 David Kam Wah Lam (the “Member”) set out in a Notice of Hearing dated October 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 (the “Rules”), this proceeding was heard electronically.

2The Member did not attend the proceeding 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. According to College Counsel, there was no reasonable prospect of obtaining a finding of professional misconduct should the matter proceed to a hearing, due to insufficient evidence.

B. SUBMISSIONS OF MEMBER’S COUNSEL

4Member’s Counsel agreed with College Counsel’s submissions and consented to the College’s request to withdraw the Notice of Hearing.

C. DECISION

5On July 7, 2021, upon hearing the submissions of the parties and given the parties’ consent, the Panel authorized the College to withdraw the allegations against the Member set out in the Notice of Hearing dated October 2, 2020.

D. REASONS FOR DECISION

6The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules. The Panel accepts the submissions of College Counsel that there is no reasonable prospect of obtaining a finding of professional misconduct due to insufficient evidence.

7The Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and appropriate. It is not in the public interest to proceed with a matter in which the College has no reasonable prospect of obtaining a finding of professional misconduct.