Ontario College of Teachers v Ferguson, 2024 ONOCT 40

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Ferguson 2024 ONOCT 40

Date: 2024-11-08

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

Robert Gordon Ferguson, OCT, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

ROBERT GORDON FERGUSON (REGISTRATION #191073)

PANEL: Hanno Weinberger, OCT, Chair Andrew Glenny, Wanda Percival, OCT

HEARD: November 8, 2024

Ava Arbuck, for the Ontario College of Teachers Barbara Nicholls, for Robert Gordon Ferguson Ahmad Mozaffari, Independent Legal Counsel

PUBLICATION BAN: Pursuant to subsections 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 November 8, 2024, 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 Robert Gordon Ferguson (the “Member”) set out in a Amended Notice of Hearing dated October 24, 2024 (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 Amended Notice of Hearing. College Counsel noted that after carefully assessing the totality of the College’s evidence and receiving additional information following the referral of this matter to the Discipline Committee, there is insufficient evidence to make findings of professional misconduct as alleged in the Amended Notice of Hearing. In addition, College Counsel submitted that the request to withdraw was on consent and as such it is in the public interest to withdraw the Amended Notice of Hearing in its entirety.

C. SUBMISSIONS OF MEMBER’S COUNSEL

5Member’s Counsel concurred with College Counsel’s submissions and supported their request to withdraw the Amended Notice of Hearing.

D. DECISION

6On November 8, 2024, upon hearing the submissions of the parties, the Panel authorized the College to withdraw the allegations against the Member set out in the Amended Notice of Hearing dated October 24, 2024.

E. REASONS FOR DECISION

7The Panel has jurisdiction to make the order requested, pursuant to Rule 13.13 of the Rules. The Panel accepts the submissions of College Counsel that there is no reasonable prospect of establishing the allegations against the Member, in light of insufficient evidence.

8The Panel finds that the withdrawal of the Amended Notice of Hearing in these circumstances is reasonable and appropriate. It is not in the public interest to expend the resources to proceed with a matter in which the College has no reasonable prospect of establishing its allegations against the Member and obtaining a finding of professional misconduct.