DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
DECISION AND REASONS FOR DECISION 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
Michael James Wahbi, a member of the Ontario College of Teachers.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
– and –
MICHAEL JAMES WAHBI (REGISTRATION #484512)
PANEL: Kirby Chown, OCT, Chair
HEARD: May 14, 2023, in writing
Jordan Stone and Lisa Feinberg, for the Ontario College of Teachers
Howard C. Cohen, for Michael James Wahbi
Rebecca Durcan, Independent Legal Counsel
PUBLICATION BAN: Pursuant to subsection 32.1(4) of the Ontario College of Teachers Act, 1996, no person shall publish the identity of, or any information that could disclose the identity of, [XXX], identified as “Student 1” in the Notice of Hearing dated June 3, 2022, being a person who was allegedly sexually abused.
1On June 3, 2022, a Notice of Hearing was issued against Michael James Wahbi (the “Member”) containing allegations of professional misconduct. The hearing regarding these allegations is scheduled to take place on June 1-2, 2023 and November 6-8 and 20-22, 2023. Pre-hearing motions are scheduled to be heard on the June 2023 dates and the hearing on the merits is scheduled to begin in November 2023.
2On May 11, 2023, College Counsel filed a written motion to be heard on an urgent basis for a publication ban order in advance of the hearing. The motion was submitted pursuant to Rules 1.02(1), 1.02(2), 1.04(3), 3.01(1)-(3) and (5), 5.08, 9.01, 9.02, 11.01(1), and 11.01(2) of the Rules of Procedure of the Discipline Committee and of the Fitness to Practice Committee. The Member, through his counsel, consented to: (1) the motion being submitted in writing on an expedited basis; and (2) the order sought by the College.
3On May 14, 2023, this motion was heard in writing by a single member of the Discipline Committee, pursuant to Rule 3.01. This rule allows the Discipline Committee to waive the requirement that a motion be heard by a panel of three members, on the consent of the parties.
A. THE MOTION
4On May 11, 2023, College Counsel brought a motion for an order pursuant to subsection 32.1(4) of the Ontario College of Teachers Act, 1996 (the “Act”), that no person shall publish the identity of, or any information that could disclose the identity of, [XXX], who is identified as “Student 1” in the Notice of Hearing dated June 3, 2022, being a person who was allegedly sexually abused.
5College Counsel relied on the Affidavit of Christine Le Dressay, affirmed on May 11, 2023 in support of their motion. In her affidavit, Ms. Le Dressay confirms that Student 1 requested that a publication ban be made in this case. Ms. Le Dressay also confirms that the Member has, through his counsel, consented to the order and has consented to the motion being brought in writing on an expedited basis.
B. DECISION
6Having considered the evidence of College Counsel, the consent of the Member, and subsection 32.1(4) of the Act, which makes such an order mandatory at the request of the person who was allegedly sexually abused, the Discipline Committee grants the motion for a publication ban and makes the following order:
Pursuant to subsection 32.1(4) of the Ontario College of Teachers Act, 1996, no person shall publish the identity of, or any information that could disclose the identity of, [XXX], identified as “Student 1” in the Notice of Hearing dated June 3, 2022, being a person who was allegedly sexually abused.
7The Chair is not seized of this matter and the previously scheduled June and November 2023 hearing dates will proceed before a differently constituted panel.
Date: May 14, 2023
Kirby Chown, OCT Chair, Discipline Panel