DISCIPLINE COMMITTEE

OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Miller 2022 ONOCT 57

Date: 2022-06-09

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

Jillian Leigh Miller, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

JILLIAN LEIGH MILLER (REGISTRATION #520389)

PANEL: Myrna Tulandi, Chair

Scott Barker, OCT

Damienne Lebrun-Reid

HEARD: June 9, 2022

Danielle Miller, for the Ontario College of Teachers

Sheilagh Turkington, for Jillian Leigh Miller

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.

1On June 9, 2022, 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 Jillian Leigh Miller (the “Member”) set out in a Notice of Hearing dated May 7, 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. 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. SUBMISSIONS OF COLLEGE COUNSEL

4College Counsel sought the Panel’s permission to withdraw the allegations set out in the Notice of Hearing, given that the Member’s case has already been dealt with by another Committee of the College.

C. SUBMISSIONS OF MEMBER’S COUNSEL

5Member’s Counsel accepted College Counsel’s submissions.

D. DECISION

6On June 9, 2022, upon hearing the submissions of the parties and given the consent of the parties, the Panel authorized the College to withdraw the allegations against the Member set out in the Notice of Hearing dated May 7, 2020.

E. REASONS FOR DECISION

7The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules. In light of the Member’s case having previously been dealt with by another Committee of the College and the parties’ agreement, this Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and is not contrary to the public interest.