William W. Markle Q.C.

The applicants, volunteer high school basketball coaches, sought judicial review of a disciplinary decision by the Ontario Association of Basketball Officials (OABO) that suspended their membership and ordered a withdrawal of officiating services following a post-game altercation.

The court found that OABO's decision was subject to judicial review due to its broad public impact on youth sports.

The court held that the initial disciplinary hearing lacked procedural fairness, citing inadequate notice, failure to disclose evidence, and reliance on unrecorded third-party statements.

The court further found that the subsequent internal appeal did not cure these defects.

The disciplinary decision was set aside.

The applicants, volunteer high school basketball coaches, sought judicial review of a disciplinary decision by the Ontario Association of Basketball Officials (OABO) that suspended them and withdrew officiating services following a post-game altercation.

The Superior Court of Justice found the matter urgent under s. 6(2) of the Judicial Review Procedure Act.

The court determined that OABO, despite being a private not-for-profit organization, was subject to public law remedies due to its broad public impact and exclusive contracts.

The court held that OABO's disciplinary process lacked procedural fairness and natural justice, citing inadequate notice, reliance on undisclosed evidence, and failure to provide full reports.

The subsequent internal appeal did not cure these defects.

The disciplinary decision was set aside.

The member, a teacher, engaged in an inappropriate romantic and physical relationship with a high school student.

He was subsequently convicted of common assault in criminal court.

The Discipline Committee found the member guilty of professional misconduct, including sexual abuse of a student.

The Committee ordered a two-year suspension of the member's certificate, a reprimand, and imposed conditions requiring the completion of a professional boundaries course and psychological clearance before returning to teaching.