Ontario College of Teachers v. Toh, 2021 ONOCT 95

Discipline Committee of the Ontario College of Teachers

Citation: Ontario College of Teachers v Toh 2021 ONOCT 95

Date: 2021-05-11

DECISION ON FINDING

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

Kar-Fai Andy Toh, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

KAR-FAI ANDY TOH (REGISTRATION #431290)

PANEL: Tom Potter, Chair Rebecca Forte, OCT Nicola Powadiuk, OCT

HEARD: May 11, 2021

Charlotte-Anne Malischewski and Nicholas Fitz, for the Ontario College of Teachers

No one appearing for Kar-Fai Andy Toh

Rebecca Durcan, Independent Legal Counsel

PUBLICATION BAN: Pursuant to subsection 32.1(3) 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.

1This proceeding was heard electronically before a panel of the Discipline Committee (the “Panel”) of the Ontario College of Teachers (the “College”) on May 11, 2021, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee.

2Kar-Fai Andy Toh (the “Member”) did not attend the hearing and did not have legal representation. The Panel was advised at the outset of the hearing that the parties had entered into an agreement with respect to the hearing.

A. PUBLICATION ban

3The Panel ordered a publication ban pursuant to subsection 32.1(3) of the Ontario College of Teachers Act, 1996 (the “Act”), which makes such an order mandatory. Accordingly, 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.

B. DECISION ON FINDING

4Counsel for the College requested that the allegation of professional misconduct outlined in paragraph (b) of the Notice of Hearing, namely that the Member contravened subsection 1(5) of Ontario Regulation 437/97, be withdrawn. The Panel granted the request.

5Having considered the Agreed Statement of Facts and Guilty Plea and the submissions of College Counsel, the Panel rendered an oral decision on May 11, 2021, finding that the Member engaged in acts of professional misconduct as alleged, contrary to Ontario Regulation 437/97, subsections 1(4), 1(7), 1(7.2), 1(14), 1(15), 1(18) and 1(19).

C. PENALTY

6On May 11, 2021, the Panel received the parties’ Joint Submission on Penalty (Exhibit 3) but sought additional submissions on how the penalty meets the goal of protecting students and preserving the public’s confidence in the College’s ability to regulate the profession. The hearing was adjourned so that the parties could prepare their additional penalty submissions. The penalty phase of the hearing will continue on June 24, 2021, and a written decision with reasons will follow.