Court File and Parties
CITATION: Toronto College of Technology v. Registrar, Private Career Colleges Act, 2005, 2014 ONSC 3129
DIVISIONAL COURT FILE NO.: 344/13
DATE: 20140522
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
KITELEY, DAMBROT AND RAY JJ.
BETWEEN:
TORONTO COLLEGE OF TECHNOLOGY INC.
Appellant
– and –
REGISTRAR, PRIVATE CAREER COLLEGES ACT, 2005
Respondent
COUNSEL:
David W. Levangie, for the Appellant
Sandra Nishikawa, for the Respondent
HEARD at Toronto: May 22, 2014
Oral Reasons for Judgment
KITELEY J. (orally)
[1] The Toronto School of Technology Inc. has been registered as a private career college under the Private Career Colleges Act (the “Act”) since 2004.
[2] In October 2012, after an investigation by the Ministry of Training, Colleges and Universities, the Superintendent under the Act gave notice to the College that it proposed to refuse to renew the College’s registration. After a six day hearing de novo, the Licence Appeal Tribunal directed the Superintendent to carry out the proposal.
[3] The appellant appeals the Tribunal’s decision dated July 5, 2013. It seeks an order overturning the Tribunal’s decision and directing the Superintendent to renew the College’s registration. Alternatively, the College seeks an order remitting the matter for a new hearing before a differently constituted Tribunal.
[4] Counsel agreed at the outset that the standard of review is reasonableness. The Tribunal made findings that fell into two categories. Firstly, the refund issue and secondly, compliance issues such as, method of evaluation and other administrative issues.
[5] Counsel for the appellant’s submissions focused on the refund issue because the findings and the Tribunal’s direction to the Superintendent to refuse to renew, hinged heavily on that point.
[6] Notwithstanding the valiant efforts on the part of counsel for the appellant, we are satisfied that there is evidence to support the findings of fact and that there is ample evidence from which the Tribunal could draw the inferences necessary to conclude that the appellant failed to operate the private college in accordance with the law and with honesty and integrity. Accordingly, the decision was within the range of reasonable outcomes.
[7] Given that the Tribunal was satisfied that the threshold had been met to refuse to renew, the Tribunal was not required to consider other outcomes such as renewal on conditions.
[8] The appeal is dismissed. Costs to be paid by the appellant in the amount of $6,000.00.
KITELEY J.
DAMBROT J.
RAY J.
Date of Reasons for Judgment: May 22, 2014
Date of Release: May 26, 2014
CITATION: Toronto College of Technology v. Registrar, Private Career Colleges Act, 2005, 2014 ONSC 3129
DIVISIONAL COURT FILE NO.: 344/13
DATE: 20140522
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
KITELEY, DAMBROT AND RAY JJ.
BETWEEN:
TORONTO COLLEGE OF TECHNOLOGY INC.
Appellant
– and –
REGISTRAR, PRIVATE CAREER COLLEGES ACT, 2005
Respondent
ORAL REASONS FOR JUDGMENT
KITELEY J.
Date of Reasons for Judgment: May 22, 2014
Date of Release: May 26, 2014