Victoria Réaume

The employer school board sought judicial review of a labour arbitration award that reinstated a teacher who had been discharged for inappropriate behaviour towards a female colleague.

The Divisional Court granted the application and set aside the award, finding that the arbitrator made several fundamental errors.

Specifically, the arbitrator failed to make critical findings of fact regarding the allegations, improperly applied a subjective test for harassment that required intent, and failed to ask whether the proven inappropriate conduct constituted just cause for discipline even if it did not amount to harassment.

The matter was remitted to a different arbitrator.

The applicant, a retired school principal, sought an order of prohibition to restrain the Ontario College of Teachers from proceeding with a discipline hearing against him.

The allegations related to his failure to properly screen and discipline a teacher who was later convicted of sexual offences.

The applicant had retired and cancelled his teaching certificate before the professional misconduct regulation came into effect.

The Divisional Court held that the College lacked jurisdiction to apply the professional misconduct regulation retrospectively to a former member who had resigned before the regulation was enacted, as the proceedings would be purely punitive rather than for public protection.

The application for prohibition was granted.