DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
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
Daniel Milton Moss, OCT a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
DANIEL MILTON MOSS (REGISTRATION #534269)
PANEL: Lois Figg, Chair Rachelle Coleman Adam Dharsee, OCT
HEARD: August 30, 2022
Danielle Miller, for the Ontario College of Teachers Daniel Goldbloom, for Daniel Milton Moss Ahmad Mozaffari, 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 August 30, 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 Daniel Milton Moss (the “Member”) set out in a Notice of Hearing dated March 23, 2020 (Exhibit 1).
2In 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.
3The Member attended the proceeding and did have legal representation.
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. SUBMISSIONS OF COLLEGE COUNSEL
5College 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 and that the Member has agreed to the withdrawal of the Notice of Hearing.
C. SUBMISSIONS OF MEMBER’S COUNSEL
6Member’s Counsel agreed with College Counsel’s submissions.
D. DECISION
7On August 30, 2022, upon hearing the submissions of the parties and given the consent of the parties, the Panel granted the College’s motion and authorized the College to withdraw the allegations against the Member set out in the Notice of Hearing dated March 23, 2020.
E. REASONS FOR DECISION
8The Panel has jurisdiction to make the order requested pursuant to Rule 13.13 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee. In light of the Member’s case having previously been dealt with by another Committee of the College and the parties’ agreement, the Panel finds that the withdrawal of the Notice of Hearing in these circumstances is reasonable and serves to protect the public interest
Lois Figg Chair, Discipline Panel
Rachelle Coleman Member, Discipline Panel
Adam Dharsee, OCT Member, Discipline Panel
Date: August 31, 2022