Ontario College of Teachers v. Mullins, 2014 ONSC 2502

1The Discipline Committee correctly articulated the law respecting burden of proof and assessment of credibility. It then applied that test to the facts as found and reasonably concluded that there was cogent, credible and reliable evidence sufficient to establish the professional misconduct, spelled out in the Notice of Hearing.

2This case was essentially a credibility contest. We are not persuaded that the Committee improperly reversed the onus of proof or that it applied a different standard in scrutinizing the evidence of the two sides.

3The Committee did not accept all of the evidence of the complainant or the other witnesses for the College but the evidence that it did accept provided an ample foundation for its ultimate conclusion.

4The reasons are more than adequate in explaining why the Committee decided the matter as it did.

5Counsel for the appellant concedes that there is no independent basis upon which to conclude that the penalty decision should be modified if the appeal of the misconduct decision is unsuccessful.

6The appeal is therefore dismissed.

COSTS

7I have endorsed the Appeal Book on behalf of the panel, “This appeal is dismissed for oral reasons given. The appellant is to pay costs fixed at $12,500 all inclusive.”