Peter Engelman

Several trade unions and the Canadian Labour Congress brought motions for leave to intervene as added parties or as friends of the court in an action challenging the constitution of the Amalgamated Transit Union.

The moving parties argued they had an interest in the proceeding because their own constitutions contained similar provisions and they could be adversely affected by the precedent.

The court dismissed the motions, finding that an interest based solely on the potential precedential effect of a decision is insufficient for intervention as an added party under Rule 13.01.

The court also denied leave to intervene as friends of the court under Rule 13.02, concluding that the proposed interveners' submissions would largely duplicate the arguments of the defendant union and would not provide a materially different perspective.

Two teachers appealed a finding of professional misconduct by the Discipline Committee of the Ontario College of Teachers.

The Committee had found them guilty for failing to 'immediately' notify the parents of a 16-year-old student who reported being sexually assaulted by other students during a school trip to Boston.

The Divisional Court quashed the Committee's decision, finding it unreasonable.

The Court held that the Committee erred by failing to identify any professional standard, misapprehending the law on standard of care and in loco parentis, improperly taking judicial notice of a 'notorious' standard, ignoring the student's rights, and failing to consider the teachers' good faith exercise of professional judgment in a complex situation.