Citation and Court Information
CITATION: Ontario College of Teachers v. Mullins, 2014 ONSC 2502
DIVISIONAL COURT FILE NO.: 294/12
DATE: 20140422
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ASTON, POLOWIN AND LEDERER JJ.
Parties and Counsel
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
Respondent
– and –
AMY LOUISE MULLINS
Appellant
David E. Leonard and Shane C. D’Souza, for the Respondent
William W. Markle and W. Alejandro Munoz, for the Appellant
HEARD at Toronto: April 22, 2014
Oral Reasons for Judgment
ASTON J. (ORALLY)
[1] The 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.
[2] This 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.
[3] The 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.
[4] The reasons are more than adequate in explaining why the Committee decided the matter as it did.
[5] Counsel 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.
[6] The appeal is therefore dismissed.
COSTS
[7] I 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.”
ASTON J.
POLOWIN J.
LEDERER J.
Date of Reasons for Judgment: April 22, 2014
Date of Release: April 24, 2014
CITATION: Ontario College of Teachers v. Mullins, 2014 ONSC 2502
DIVISIONAL COURT FILE NO.: 294/12
DATE: 20140422
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ASTON, POLOWIN AND LEDERER JJ.
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
Respondent
– and –
AMY LOUISE MULLINS
Appellant
ORAL REASONS FOR JUDGMENT
ASTON J.
Date of Reasons for Judgment: April 22, 2014
Date of Release: April 24, 2014