Paul Marshall

The Member, a teacher, faced allegations of professional misconduct and incompetence following three unsatisfactory performance appraisals.

The College withdrew the incompetence allegation, and the Member pleaded no contest to professional misconduct for failing to maintain professional standards and failing to comply with the relevant Acts.

The Discipline Committee accepted the Agreed Statement of Facts and found the Member guilty.

The Committee accepted a joint recommendation on penalty, imposing conditions on the Member's Certificate of Qualification and Registration, including the requirement to complete an additional qualification course before returning to teaching.

The Committee declined to publish the Member's name in the College's official magazine, noting the Member's retirement, the absence of student safety concerns, and the mitigating circumstances.

The Ontario College of Teachers brought a discipline proceeding against a member whose teaching certificate had been cancelled by the Nova Scotia Department of Education for professional misconduct.

The member had engaged in inappropriate behaviour over a three-year period, including making sexual comments to colleagues, discussing his personal relationships with students, and conducting unsafe experiments.

The Discipline Committee found the member guilty of professional misconduct based on the findings from Nova Scotia.

The Committee ordered the revocation of the member's Certificate of Qualification and Registration and directed that his name be published in the College's official publication.

The Member, a secondary school teacher, pled guilty to professional misconduct for engaging in an inappropriate personal and sexual relationship with a student.

The Member had previously pled guilty to criminal charges of sexual exploitation and was sentenced to 14 months' imprisonment.

The Discipline Committee accepted the Agreed Statement of Facts and Joint Submission on Penalty, finding the Member guilty of professional misconduct and sexual abuse of a student.

The Committee ordered the revocation of the Member's Certificate of Qualification and Registration, and directed that the decision be published with the Member's name to serve as a general and specific deterrent.

The Ontario College of Teachers alleged that the Member, a teacher, engaged in an inappropriate sexual relationship with a student.

The Discipline Committee heard conflicting testimony from the student, the Member, and a police officer who found them parked in a car on an isolated road.

The Committee found the student's testimony regarding sexual contact to be inconsistent and uncorroborated, and therefore dismissed the allegations of sexual abuse.

However, the Committee found that the Member's admitted conduct of being alone with the student in his car on an isolated road, and asking the police officer not to report the incident, constituted professional misconduct, as it failed to maintain professional boundaries and was disgraceful, dishonourable, and unbecoming a member.

The member, a teacher, pleaded guilty to professional misconduct following a criminal conviction for driving with a blood-alcohol level over 80mg.

The Discipline Committee accepted an Agreed Statement of Facts and Joint Submission on Resolution.

The member was reprimanded.

The only contested issue was whether the member's name should be published in the decision summary.

The Committee ordered publication of the member's name, finding it necessary for transparency and as a general and specific deterrent.

The accused was charged with two counts of assaulting his domestic partner during a period of relationship breakdown.

The first count alleged an assault in the garage, which the court dismissed due to reasonable doubt arising from credibility issues and the defence's failure to cross-examine the complainant on key details.

The second count involved the accused swatting a mobile phone out of the complainant's hand while she was filming him.

The court found that while this technically constituted an assault, the force used was trifling and applied the doctrine of de minimis non curat lex to acquit the accused.

The Ontario College of Teachers brought a discipline proceeding against a member alleging incompetence and professional misconduct.

The College withdrew the professional misconduct allegations.

The member did not attend the hearing but submitted a plea of no contest to the allegation of incompetence, acknowledging two unsatisfactory performance appraisals related to classroom management, ongoing assessment, and teaching strategies.

The Discipline Committee found the member incompetent under subsection 30(3) of the Ontario College of Teachers Act, 1996.

The Committee accepted a joint recommendation on penalty, ordering that terms, conditions, and limitations be placed on the member's Certificate of Qualification, including the requirement to complete an Additional Qualification course and undergo performance appraisals upon returning to teaching.

The Ontario College of Teachers brought a discipline proceeding against a member who had previously been found guilty of unprofessional conduct by the Northwest Territories Ministry of Education.

The member had engaged in grooming behaviour and initiated a sexual relationship with a student, resulting in the cancellation of his teaching certificate in the Northwest Territories.

The Discipline Committee found the member guilty of professional misconduct under Ontario Regulation 437/97, relying on the findings from the other jurisdiction.

The Committee ordered the revocation of the member's Certificate of Qualification and Registration and directed that the decision be published with his name.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct, including failing to maintain professional standards, verbal and physical abuse of students, and failing to maintain appropriate boundaries.

The member pleaded guilty via an Agreed Statement of Facts.

The Discipline Committee accepted the joint submission on penalty, ordering a verbal reprimand, completion of a course on maintaining appropriate boundaries, and publication of the decision including the member's name.

The defendant sought costs following a motion that resulted in a consent order requiring the plaintiff to vacate a property, cooperate in its sale, and discharge a certificate of pending litigation.

The court considered the principles governing costs under Rule 57.01 of the Rules of Civil Procedure, including indemnification of successful litigants, encouragement of settlement, and discouragement of inappropriate conduct.

The court found that the defendant was compelled to bring the motion due to the plaintiff’s failure to communicate her willingness to vacate the property and cooperate with the sale, which caused delay and required an extension payment to the purchaser.

The defendant was therefore entitled to partial indemnity costs.

Costs were fixed at $7,350 plus HST and disbursements, payable from the plaintiff’s share of the net proceeds of sale.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct, including failing to supervise students, lateness, using inappropriate language, and failing to meet administrative deadlines.

The member pled guilty to the allegations.

The Discipline Committee accepted the guilty plea, found the member guilty of professional misconduct, and ordered a verbal reprimand, completion of an additional qualification course, and publication of the decision including the member's name.

The Ontario College of Teachers alleged that the member was incompetent based on three unsatisfactory performance appraisals conducted by a school principal during the 2008-2009 school year.

The Discipline Committee found that the evidence presented, which was limited to the principal's performance appraisals, was insufficient to discharge the College's burden of proof.

The Committee noted the absence of corroborating evidence such as lesson plans or student work, and observed that the member had demonstrated some improvement.

The allegations of incompetence were dismissed.

The Ontario College of Teachers brought a discipline proceeding against a school principal for professional misconduct.

The allegations included failing to report the sexual abuse of an intellectually-challenged student by an educational assistant, exhibiting favouritism toward that assistant, and fostering a climate of intimidation among staff.

The Discipline Committee heard testimony from multiple witnesses confirming the principal's inappropriate conduct, administrative deficiencies, and failure to protect students.

The principal's defence relied on 'deliberate ignorance' regarding the assistant's actions.

The Committee found that this deliberate ignorance constituted active participation and knowledge, concluding that the principal committed professional misconduct by violating multiple provisions of Ontario Regulation 437/97.

The Member, a teacher, faced allegations of professional misconduct for physically abusing a student.

During a disciplinary confrontation over a non-uniform sweatshirt, the Member wrestled with the student and pushed him against lockers.

The Member pleaded no contest to the allegations.

The Discipline Committee accepted the agreed statement of facts and found the Member guilty of professional misconduct.

The Committee accepted a joint submission on penalty, ordering a reprimand, completion of an anger management course, and publication of the decision including the Member's name.

The Ontario College of Teachers brought a discipline proceeding against a member who had been convicted criminally of sexual touching of four minor students and possession of child pornography.

The member did not attend the hearing.

Relying on the criminal convictions, the Discipline Committee found the member guilty of professional misconduct, including sexual abuse of students.

Given the egregious nature of the conduct and the need to protect children, the Committee ordered the immediate revocation of the member's teaching certificate and publication of the decision.

The Ontario College of Teachers brought a motion to withdraw allegations of professional misconduct against the Member.

The Member did not attend the hearing but provided an undertaking to resign from the College immediately, never seek reinstatement, and never teach again in Ontario.

The Discipline Committee granted the motion, finding that the withdrawal of the Notice of Hearing upon these undertakings was reasonable and protected the public interest.

The applicant trustee in bankruptcy sought a declaration of entitlement to settlement funds held by a solicitor.

The funds resulted from a fraudulent conveyance action commenced by a judgment creditor against the bankrupt and his wife after the assignment in bankruptcy, without leave of the court.

The court held that the action was subject to the stay of proceedings under s. 69.3 of the Bankruptcy and Insolvency Act and that the settlement funds represented the proceeds of the bankrupt's interest in the property.

The trustee was granted the balance of the funds after accounting for a valid solicitor's lien.

A costs decision arising from a motion to change a separation agreement regarding child support and shared nanny expenses.

The respondent brought a motion to remove the applicant's counsel based on an alleged conflict of interest.

The motion was ultimately withdrawn after court attendances and preparation of materials.

The court awarded costs to the applicant for the wasted attendance at a case conference and the motion hearing, finding that the respondent's counsel unreasonably delayed raising procedural issues and failed to follow proper procedures to minimize costs and delay.

The member, a teacher, pleaded guilty to criminal charges of possessing child pornography and was sentenced to nine months in prison.

The Ontario College of Teachers brought a discipline proceeding against the member for professional misconduct.

The Discipline Committee found the member guilty of professional misconduct, noting that possession of child pornography is a serious crime that victimizes children and puts students at risk.

The Committee ordered the revocation of the member's certificate of qualification and registration, and directed that the decision be published.

The member, a school principal, submitted fraudulent invoices and accepted reimbursement from the school board for teaching materials and a television that were never located at the school.

The member pleaded no contest to allegations of professional misconduct.

The Discipline Committee found the member guilty of professional misconduct and ordered a reprimand, a 1.5-year suspension of his teaching certificate, and publication of the decision.