Ontario College of Teachers v. Truelove, 2022 ONOCT 3

Discipline Committee of the Ontario College of Teachers

Citation: Ontario College of Teachers v Truelove 2022 ONOCT 03

Date: 2022-01-10

DECISION ON MOTION FOR ADJOURNMENT

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

Gregory Lyall Truelove, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

GREGORY LYALL TRUELOVE (REGISTRATION #473500)

PANEL: Hanno Weinberger, OCT, Chair Irene Dembek, OCT Emile Ramlochan

HEARD: January 10, 2022

Eli Mogil, for the Ontario College of Teachers

Gregory Lyall Truelove, self-represented

Julie Maciura, 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 January 10, 2022, in accordance with rule 8.01 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”).

2Gregory Lyall Truelove (the “Member”) attended the proceeding and was self-represented.

3This is a continuation of a hearing that commenced on September 29 and 30, 2021. The Member was previously represented by legal counsel but is now self-represented. On January 10, 2022, the Member requested an adjournment of the hearing due to personal medical circumstances. The College did not oppose the Member’s request for an adjournment but did request that it should be made subject to certain terms. The Panel granted an adjournment pursuant to Rule 14.01(3) of the Rules.

A. PUBLICATION ban

4The 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

5On January 10, 2022, the Panel granted the Member’s motion to adjourn the hearing subject to the following terms:

1. That by Friday, January 14, 2022, the Member make a formal request to his treating physician to:

(a) provide to the Member medical records related to the Member’s current diagnosis; and,

(b) request a medical report from his treating physician (to be submitted to the Tribunals’ Office in advance of the case conference) regarding the Member’s diagnosis, prognosis, and his ability to attend and represent himself in a disciplinary hearing at the Ontario College of Teachers. The Member will be responsible for any expenses related to obtaining medical records and reports.

2. That the Member complete bloodwork requisitioned by his treating physician no later than January 19, 2022.

3. That the Member provide, by January 24, 2022, confirmation in writing to the Tribunals’ Office that paragraph 1 and 2 have been completed.

4. If the Member is cleared to return to work by a physician, the Member must advise College Counsel in writing within five (5) calendar days of that fact.

5. On Friday, January 14, 2022, the parties will participate in a Zoom conference at 9 a.m. for the purpose of scheduling a case conference for mid-to-late February 2022 to discuss the Member’s medical records and medical report as well as to schedule the continuation of the hearing.

6A written decision with reasons will follow.