Rules of Procedure
(Made under section 25.1 of the Statutory Powers Procedure Act)
As approved on August 19, 2010
By Registration Appeals Committee
Rule 1 - Interpretation and Application
1.01 Definitions
1.01(1) In these rules, unless the context requires otherwise, words that are not defined in sub-rule (2) have the meaning defined in the Ontario College of Teachers Act, 1996, or the Statutory Powers Procedure Act.
1.01(2) In these rules, unless the context requires otherwise,
“Act” means the Ontario College of Teachers Act, 1996, S.O. 1996, c. 12;
“agent” means a party’s representative who is not a lawyer;
“appellant” means an applicant who requests a review by the Committee under section 20(3) of the Act;
“chair” means the chair of the Committee or chair of a panel of the Committee;
“College” means the Ontario College of Teachers;
“College counsel” means the lawyer or lawyers appointed by the College to represent the College and the Registrar in the review process;
“Committee” means the Registration Appeals Committee, or a panel thereof, of the College convened to conduct a review requested under section 20(3) of the Act;
“appellant’s counsel” means the lawyer or lawyers retained by or on behalf of an appellant;
“deliver” means to serve on every other party or, in the case of a motion, motion participant, and to file with the hearings office with proof of service, and “delivery” and “delivering” have corresponding meanings;
“electronic” with respect to a proceeding means a proceeding held by telephone conference call or video conference call or some other form of electronic technology allowing persons to communicate with and hear one another;
“hearings office” means the employee or employees of the College who are specifically assigned the duty of providing administrative assistance to the Committee; “holiday” means,
- any Saturday or Sunday
- New Year's Day
- Family Day
- Good Friday
- Easter Monday
- Victoria Day
- Canada Day
- Civic Holiday
- Labour Day
- Thanksgiving Day
- Christmas Day
- Boxing Day
- any special holiday proclaimed by the Governor General or the Lieutenant Governor
- any other day designated by the College as a holiday,
and where New Year's Day, Canada Day, Christmas Day or Boxing Day falls on a Saturday or Sunday, the day designated by the College as a holiday;
"independent legal counsel" means the lawyer or lawyers appointed by the Committee to provide it with advice;
"lawyer" means a member of the Law Society of Upper Canada;
"motion" means a request for a ruling or decision by the Committee on a particular issue at any stage in the proceeding, other than a request for an adjournment;
"motion participant" means any person who would be affected by the order sought from the Committee;
"order" means any decision made by the Committee and includes a direction given by the Committee or the chair;
“panel” is a panel of the Registration Appeals Committee selected for the purpose of reviewing a request under section 21 or section 22 of the College’s Act, in accordance with Section 17 of the Act, by the chair of the Registration Appeals Committee. The panel may exercise all the powers and carry out all the duties of the Registration Appeals Committee with respect to a matter before the panel.
"party" means the College or the appellant;
"proceeding" means a hearing before the Committee and includes any motions and the hearing itself;
"record" means a copy of all documents from a proceeding and all written Reasons for Decision and Orders;
1.02 Interpretation of Rules
1.02(1) These rules shall be liberally construed to secure the determination of all proceedings in a manner that is just and expeditious.
1.02(2) Where matters are not provided for in these rules or the Statutory Power Procedure Act, the practice shall be determined by analogy to them.
1.02(3) Except as otherwise provided, where an appellant is not represented by a lawyer, anything these rules require or permit a lawyer to do shall be done by the appellant.
1.02(4) The Committee may issue practice directions from time to time to explain or clarify these rules.
1.03 Application of Rules
1.03 These rules apply to all proceedings before the Committee.
1.04 Computation, Extension or Abridgement of Time
1.04(1) In the computation of time under these rules or under an order, except where the contrary intention appears:
- where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even where the words ‘at least” are used;
- where a period of less than seven days is required, holidays shall not be counted
- where the time for doing an act under these rules expires on a holiday, the act may be done on the next day that is not a holiday; and
- service of a document made after 5:00 p.m. or at any time on a holiday shall be deemed to have been made on the next day that is not a holiday.
1.04(2) Where a time of day is mentioned in these rules, in an order or in any document in a proceeding, the time referred to shall be taken as the time observed locally.
1.04(3) The chair or the Committee may extend or abridge any time required by these rules or an order on such terms or conditions as are considered just, either before or after the expiration of the time.
1.05 Substantial Compliance
1.05(1) Substantial compliance with a form or notice required by or under these rules is sufficient.
1.05(2) No proceeding is invalid by reason only of a defect or other irregularity in form.
Rule 2 - Documents
2.01 Form of Documents
2.01(1) Every document prepared for the Committee shall, to the extent practical, comply with the standards and requirements for documents filed under the Rules of Civil Procedure.
2.01(2) The first and last page of documents shall be coloured as follows:
- buff if prepared by College counsel
- blue if prepared by appellant's counsel
- green if prepared by any other person.
2.02 Notice to be in Writing
2.02(1) Where these rules require notice to be given, it shall be given in writing.
2.02(2) A request for review under section 20(3) of the Act where the appellant requests a hearing shall be in Form 2A.
2.03 Serving Documents
2.03(1) "Service" means the effective delivery of the documentation to any person or to the person's lawyer or agent.
2.03(2) Service is deemed to be effective when delivered to the last known address or facsimile number of the person:
- by regular, registered or certified mail on the fifth day after the day of mailing
- by facsimile transmission, on the same day as the transmission
- by e-mail, or other electronic forms;
- by courier, including Priority Post, on the second day after the document was given to the courier by the party serving or
- as directed by the Committee.
unless the person to whom the notice is to be given establishes that he or she, acting in good faith and through absence, accident, illness or other causes beyond his or her control, failed to receive the notice until a later date or at all.
2.03(3) Documents delivered after 5:00 p.m. shall be deemed to have been delivered on the next day that is not a holiday.
2.03(4) A person who serves or files a document, or who causes a document to be served or filed, shall include with it a statement of the person's address, telephone number and the name of the proceeding to which the document relates.
2.04 Filing of Documents
2.04(1) All documents to be filed in a proceeding shall be filed in the hearings office, except where they are filed in the course of a hearing.
2.04(2) Any document may be filed in the hearings office by leaving it
with a person at the hearings office or by mailing it or by sending it by
courier to 101 Bloor Street West, Toronto, Ontario, M5S 0A1 or, if it is
less than 16 pages, by facsimile.
2.04(3) A document filed in the hearings office shall be filed in an envelope or, where filed by facsimile, with a cover sheet clearly marked "Attention: Hearings Office".
2.04(4) A document shall not be considered filed until it is actually received by the hearings office.
2.04(5) A party can confirm whether a document has been filed by telephoning the hearings office.
2.04(6) The party filing a document, unless it is sent by facsimile, shall file seven copies of the document.
2.04(7) A party filing a document shall also file proof that the document was served on every person entitled to receive it.
2.04(8) Filing shall not be deemed to be complete without proof of service.
Rule 3 - Waiver of a Rule
3.01 Methods of Waiving a Rule
3.01(1) Any provision of these rules may be waived on the consent of the parties and, where relevant, motion participants, or upon an order of the Committee.
3.01(2) A party or motion participant requesting that a provision of these rules be waived who does not have the consent of the parties and, where relevant, motion participants, shall bring a motion to the Committee.
3.01(3) A motion under this rule may be made after a failure to comply with these rules has occurred.
3.01(4) The Committee may refuse to grant a motion for a waiver from a provision of these rules where a party or motion participant does not act on a timely basis.
3.01(5) The Committee may waive a provision of these rules on its own initiative, upon such terms as are just, if it first gives notice to the parties and motion participants and provides an opportunity for submissions to be made.
Rule 4 - Procedures Prior to Hearing
4.01 Service of Materials
4.01(1) A copy of the documents to be relied on by the College during the hearing shall be served on the appellant at least 60 days prior to the hearing and filed with the hearings office.
4.01(2) A copy of the documents to be relied on by the appellant during the hearing shall be served on the College at least 45 days prior to the hearing and filed with the hearings office.
4.02 Setting Hearing Dates
4.02 The hearing dates shall be set by the chair or the Committee in consultation with the parties.
4.03 Location of Hearings
4.03 All hearings shall be held at the offices of the College in Toronto, unless otherwise ordered by the Committee.
4.04 Choice of Language
4.04 Where an appellant wishes to have a hearing conducted in either English or French, the appellant shall indicate so on the Form 2A filed requesting a review with a hearing.
Rule 5 - Motions
5.01 Initiating Motions
5.01(1) A motion shall be made by a Notice of Motion which shall set out the grounds for the motion and the relief requested and shall be accompanied by any evidence to be relied upon, in accordance with Form 5A, unless the return of the motion or the circumstances make a Notice of Motion impractical.
5.01(2) The person bringing the motion shall serve and file the Notice of Motion and motion materials by the Tuesday that is at least 10 days before the date specified for the hearing of the motion.
5.01(3) The other motion participants may adduce additional evidence and shall serve and file such evidence no later than the Tuesday that is at least three days prior to the hearing of the motion.
5.02 Scheduling a Motion
5.02(1) A person who intends to bring a motion to be heard other than at the hearing shall obtain available dates and times for the hearing of the motion from the hearings office and shall attempt to obtain agreement from the other motion participants as to a date and time for the hearing of the motion.
5.02(2) A person bringing a motion shall inform the hearings office of the estimated length of time it will take to argue the motion when obtaining available dates and times.
5.02(3) If the person bringing the motion cannot, after reasonable efforts, obtain agreement for a date and time under sub-rule (1), the person shall request the hearings office to fix a date and time for the hearing of the motion under sub-rule (1).
5.03 Assigning a Motion Panel
5.03 All motions shall be heard by a panel of the Committee as determined by the Chair.
5.04 Evidence on Motions
5.04(1) Evidence on a motion shall be given by affidavit, unless otherwise ordered by the Committee, or with the consent of the motion participants.
5.04(2) An affidavit for use on a motion may contain statements of the deponent's information and belief, if the source of the information and the fact of the belief are specified in the affidavit but where, in the opinion of the Committee, better evidence could be adduced through direct evidence of a witness, the Committee may require the motion participant to file or call such direct evidence and strike out the evidence filed.
5.04(3) Evidence by cross-examination of a deponent of an affidavit served by another motion participant is admissible in the hearing of a motion, subject to an order of the Committee.
5.05 Materials on Motions
5.05(1) The person bringing the motion shall deliver the Notice of Motion and other materials in support of the motion in the form of a motion record.
5.05(2) The motion record shall contain the Notice of Motion, all affidavits to be relied upon and any other material to be relied upon.
5.05(3) If another motion participant intends to rely upon materials, the motion participant shall deliver those materials in the form of a responding motion record.
5.05(4) A motion record and responding motion record shall have consecutively numbered pages and a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter.
5.05(5) Despite sub-rules (2) and (3), a motion participant may deliver separately from the motion record or responding motion record a book of authorities and a factum consisting of a concise statement, without argument, of the facts and law relied on by the motion participant.
5.06 Hearing Motions
5.06 The Committee may hear a motion by way of an oral or electronic hearing or, if no motion participant objects, by way of a written hearing.
5.07 Written Order
5.07(1) If required by the process, immediately after a motion has been determined, the person initiating the motion shall, and the other motion participants may, prepare a draft of the formal order, serve it on the other motion participants appearing on the motion and file it.
5.07(2) The order shall be in accordance with Form 5B.
5.07(3) An order delivered in accordance with sub-rule (1) shall be treated as a submission along with any submissions on the draft order from other motion participants, and may be reviewed, amended if necessary and signed by the chair of the panel hearing the motion.
5.07(4) This rule does not apply to orders made on the record during the hearing.
5.08 Renewing or Rearguing a Motion
5.08(1) A motion participant shall not renew or reargue a matter that has previously been determined on a motion unless permission has been obtained from the Committee.
5.08(2) Despite sub-rule (1), a motion participant may renew or reargue a motion if that is provided for in the order of the panel hearing the motion.
5.08(3) Despite sub-rule (1), a motion participant may renew a motion at the hearing solely for the purpose of putting on the record, for the purpose of any appeal, that the motion participant does not agree with the previous ruling.
5.09 Time Limits on Oral Submissions
5.09 No motion participant shall take more than one hour, including a reply, to make oral submissions on a motion without the prior permission of the Committee.
Rule 6 - Disclosure of Witness Statements and Documents
6.01 Disclosure
6.01(1) Any party intending to call a witness, including but not limited to an expert witness, to give evidence at the hearing shall, at least 20 days before the start of the hearing, serve on the other party a written summary of the anticipated evidence of that witness and the witness shall not be allowed to testify at the hearing if such a summary is not provided, except by an order of the Committee;
6.01(2) Any party intending to rely on a document at the hearing shall, at least 20 days before the start of the hearing, serve on the other party a copy of the document and the document shall not be admitted into evidence if not served, except by an order of the Committee;
6.01(3) At any stage of the proceeding before completion of the hearing, the Committee may make orders for:
- the exchange of documents
- the oral or written examination of a party
- the exchange of witness statements and reports of expert witnesses
- the provision of particulars
- a party to provide a list disclosing all relevant documents and things in the possession or control of the party
- the provision to a party of an opportunity to view documents or
- any other form of disclosure.
6.01(4) Sub-rule (3) does not authorize the making of an order requiring disclosure of privileged information.
6.02 Motions for Disclosure
6.02(1) Where a party seeks disclosure beyond that which has already been made, a motion for disclosure shall be brought in accordance with Rule 5.
6.02(2) On a motion for disclosure, the Committee may order that a party who will lead evidence at a hearing shall make disclosure in accordance with the requirements of law.
6.02(3) When the Committee orders disclosure it may, to protect the privacy of any person, impose terms or conditions upon the extent and method of disclosure or the use of the information disclosed.
Rule 7 - Electronic Hearings and Proceedings
7.01 Initiating an Electronic Hearing
7.01 The Committee may, on motion by any party, order that some or all of a hearing be held electronically unless it is satisfied that holding an electronic rather than an oral hearing is likely to cause a party significant prejudice.
7.02 Procedure on Electronic Proceedings
7.02(1) This sub-rule applies to any proceeding or part of a proceeding that is held electronically including motions, pre-hearing conferences and hearings.
7.02(2) At least 48 hours before an electronic proceeding is scheduled to commence, every person participating in the proceeding shall give notice to the hearings office of the contact information through which he or she can be reached for the proceeding.
7.02(3) Unless otherwise provided for in the rules, every person participating in the proceeding shall deliver, at least 3 days before the proceeding, every document, in sequentially numbered pages, he or she intends to rely upon.
7.02(4) Every person participating in the proceeding shall ensure that he or she can be reached at the contact information provided to the hearings office beginning at five minutes before the proceeding is scheduled to commence.
Rule 8 - Taking Evidence Before the Hearing
8.01 Initiating the Taking of Evidence Before the Hearing
8.01(1) A party who intends to introduce the evidence of a person at the hearing and who has made all required disclosure in respect of the evidence of that witness may, with the consent of the parties or by order of the Committee, examine the witness on oath or affirmation before the hearing for the purpose of having the witness' testimony available to be tendered as evidence at the hearing.
8.01(2) The Committee may make an order under sub-rule (1) if it is satisfied that the order would not cause significant prejudice to a party and would not prevent the Committee from fully and fairly understanding the evidence.
8.01(3) The party who intends to introduce the evidence of the witness shall ensure that the evidence is recorded, at the party's cost, by a certified court reporter or a person with similar qualifications acceptable to the Committee and shall deliver a copy of the transcript of the evidence to all parties at least three days before the hearing is scheduled to commence.
8.01(4) The party who intends to introduce the evidence of the witness shall also ensure that the evidence is videotaped, at the party's cost, unless the parties consent or the Committee orders otherwise and shall deliver a copy of the videotape at least three days before the hearing is scheduled to commence.
8.01(5) The examination shall take place at the date, time and place consented to or ordered by the Committee.
8.01(6) The Committee may impose terms or conditions in the order for an examination including a term or condition that the party intending to call the witness pay for the reasonable travel expenses of the lawyers for the other party and the appellant (where the appellant is not the party intending to call the witness).
8.02 Procedure at the Examination
8.02(1) A witness examined under sub-rule 8.01(1) may, after being sworn or affirmed by a person authorized to do so, be examined, cross-examined and re-examined in the same manner as a witness at a hearing.
8.02(2) Where a question is objected to, the objector shall state briefly the reason for the objection, and the question and the brief statement shall be recorded.
8.02(3) The party objecting to a question may, after the objection, permit the question to be answered subject to a ruling being obtained from the Committee before the evidence is used at a hearing.
8.02(4) A ruling on the propriety of a question that is objected to and not answered may be obtained on motion to the Committee.
8.02(5) Where the question is not answered under sub-rule (3) and the objection is found not to be valid, the person who objected shall ensure that the witness is produced at the expense of the person who objected for another examination before the hearing or at the hearing to answer the question.
8.02(6) Any document used during the examination that is intended to be filed as an exhibit at the hearing shall be marked at the examination by the person introducing it so it can be identified later and the person introducing it shall deliver a copy of it to all other parties.
8.02(7) Rule 9.05 shall apply with necessary modifications to examinations under this rule.
8.03 Use of Examination at the Hearing
8.03(1) At the hearing, any party may introduce into evidence the transcript and videotape of an examination made under this rule as the evidence of the witness unless the Committee orders otherwise.
8.03(2) A witness who has been examined under this rule shall not be called to give evidence at the hearing except on the order of or at the request of the Committee.
8.03(3) Where a witness is ordered or requested to give evidence at the hearing under sub-rule (2), the party who tendered the evidence under sub-rule (1) shall arrange for the witness to attend at the party's expense.
8.03(4) The transcript and any videotape need not be read or played during the hearing with the parties present unless a party or the Committee requires the reading of a transcript or the playing of a videotape.
8.03(5) Where the reading of a transcript or the playing of a videotape is required under sub-rule (4), the party who initiated the examination under sub-rule 8.01(1) shall conduct the reading or playing during the presentation of that party's case unless the Committee orders otherwise.
Rule 9 - Procedure During Hearing
9.01 General Rule
9.01(1) A hearing shall be open to the public except where a panel of the Committee makes an order that,
- matters involving public security may be disclosed or
- intimate financial or personal matters or other matters may be disclosed at the hearing of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure thereof in the interests of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public,
in which case the panel may hold the hearing in the absence of the public.
9.01(2) Nothing is admissible in evidence at a proceeding:
- that would be inadmissible in a court by reason of any privilege under the law of evidence or
- that is inadmissible by any Act of the Legislature.
9.01(3) A proceeding may be conducted in English or in French, as determined by the appellant.
9.02 Hearsay Evidence
9.02(1) The Committee may, in its discretion, admit hearsay evidence in proceedings where it is satisfied that its admission is reasonably necessary to the determination of a fact in issue and, having regard to the surrounding circumstances, that the evidence is reliable.
9.02(2) In considering the admissibility of hearsay evidence, the Committee shall balance the best interests of the witness against any legitimate interests of the appellant subjecting such hearsay evidence to cross-examination and may have regard to such factors as it considers relevant.
9.03 Prior Testimonial Statements
9.03(1) Unless there are reasonable grounds to believe that injustice to the party would result, the Committee shall admit prior testimonial statements in evidence at a proceeding where:
- there is substantial similarity between the material issues to which the prior testimonial statement was relevant in the former proceeding and is relevant in the present proceeding and
- there was an opportunity at the former proceeding for the appellant or his or her counsel to cross-examine the maker of the prior testimonial statement.
9.03(2) The party who intends to introduce into evidence a prior testimonial statement shall ensure that the witness is available at the hearing to be cross-examined by all adverse parties, unless the Committee orders otherwise.
9.03(3) Where a prior testimonial statement is not admitted in evidence under sub-rule (1), but the maker thereof, while testifying, adopts its content, the Committee may admit such statement in evidence subject to the adverse party's right of cross-examination.
9.04 Videotaped Interviews
9.04 The Committee may, on motion or by counsel or agent, conduct such examinations or cross-examinations of witnesses called to testify at a hearing as are reasonably required for a full and fair disclosure of all matters relevant to the issues in the proceeding.
9.05 Examination and Cross-Examination of Witnesses
9.05(1) A party to a proceeding may, personally or by counsel or agent, conduct such examinations or cross-examinations of witnesses called to testify at a hearing as are reasonably required for a full and fair disclosure of all matters relevant to the issues in the proceeding.
9.05(2) The Committee may control and restrict a party's examination or cross-examination of a witness to the extent necessary to ensure that the hearing is conducted in a manner that is expeditious and that respects the best interests of the witness, provided that the Committee is satisfied that the examination or cross-examination has been sufficient to disclose fully and fairly all matters relevant to the issues in the proceeding.
9.06 Oral and Written Argument
9.06(1) The Committee may place reasonable limits on the length of oral submissions.
9.06(2) The Committee may, after hearing submissions, order the parties to submit written arguments on some or all of the issues at the hearing and may give directions as to the form and timing of such written arguments.
9.07 Summons to Witness
9.07(1) A party who requires the attendance of a person in Ontario as a witness at a hearing may obtain a summons on request from the hearings office and the summons may also require the person to produce at the hearing, documents and things specified by the Committee in the summons in accordance with section 12 of the Statutory Powers Procedure Act.
9.07(2) A summons shall be served personally on the person to whom it is directed at least 48 hours before the time fixed for the attendance of the person unless otherwise directed by the Committee and, at the same time, attendance money calculated in accordance with the appropriate tariff in the Rules of Civil Procedure shall be paid or tendered.
9.07(3) A summons served under sub-rule (1) shall be in accordance with Form 9A and signed by the chair.
9.07(4) Upon motion made under sub-rule 5.05(1), the Committee may make an order quashing a summons previously issued by it where it is of the opinion that the required attendance of the witness is unnecessary, contrary to the best interests of the administration of justice or an abuse of process.
9.08 Exclusion of Witnesses
9.08 A witness may only be in the hearing room for the purpose of giving evidence, and is otherwise excluded from the hearing.
Rule 10 - Adjournments
10.01(1) A hearing may be adjourned by the Committee.
10.01(2) In accordance with section 21 of the Statutory Powers Procedure Act, in deciding whether to grant an adjournment, the Committee may consider one or more of the following factors:
- the sufficiency of the reasons advanced for the request to adjourn
- the time lines of the request
- the resources of the Committee
- any prejudice to the parties
- whether any adjournments have been granted previously
- the consent of the parties or
- any other relevant factor.
10.01(3) The Committee may grant adjournments on such terms and conditions as it considers advisable.
10.01(4) Any party seeking an adjournment shall seek the consent of the other party before bringing a motion before the Committee.
10.01(5) If consent is obtained pursuant to sub-rule (4), the party seeking the adjournment shall contact the hearings office and provide evidence in writing of the request for an adjournment, the reasons for the request and the consent of the other party.
10.01(6) Where the College and the appellant consent to an adjournment and are able to agree to the new date(s) to be scheduled for the hearing, they shall file a completed copy of Form 10A with the hearings office. The chair of the Committee will consider the request and if he/she is in agreement, the parties will be notified and it will not be necessary for the parties to attend before the Committee to reschedule the hearing. The hearing will proceed on the date(s) agreed to by the parties as set out in Form 10A as filed. Where the chair does not agree to the adjournment of the hearing, the party seeking the adjournment shall bring a motion before the Committee in accordance with rule 5.
Rule 11 - Giving Notice of Final Decision
11.01(1) In addition to the methods described in section 18 of the Statutory Powers Procedure Act, the Committee may send each party by courier a copy of its final decision or order, including the reasons if any have been given:
11.01(2) If a copy is sent by courier, it shall be sent to the most recent address known to the Committee and shall be deemed to be received by the party on the day the copy is signed for by a person at that address.
Rule 12 - Costs
12.01 Costs Against the College
12.01 The Committee shall not award costs of the hearing or any motion to the appellant.
12.02 Costs Against the Appellant
12.02 The Committee shall not award costs of the hearing or any motion to the College.
Form 2A
REQUEST FOR REVIEW WITH HEARING
[General Heading]
REQUEST FOR REVIEW WITH HEARING
THE APPELLANT, [identify name of provider], requests a review, with a hearing, by the Registration Appeals Committee/Panel from the decision of the Registrar dated [insert date of decision].
THE GROUNDS FOR THE REVIEW ARE:
1. [Specify grounds to be argued]
THE FACTS ON WHICH the Appellant relies are:
1. [List facts]
THE FOLLOWING DOCUMENTS will be relied upon by the Appellant in support of this review:
1. [List documents]
THE LANGUAGE of choice for the review is:
English
French
| Date |
[Name, address, telephone number and facsimile number of appellant's lawyer or designated representative] |
Form 5A
NOTICE OF MOTION
[General Heading]
NOTICE OF MOTION
THE [IDENTIFY MOVING MOTION PARTICIPANT] WILL make a motion to the Registration Appeals Committee/Panel of the Ontario College of Teachers on [day], [date], at [time], or as soon after that time as the motion can be heard, at 121 Bloor Street East, 6th Floor, Toronto, Ontario.
THE MOTION IS FOR [state here the precise relief sought].
THE GROUNDS FOR THE MOTION ARE [specify the grounds to be argued, including a reference to any statutory provision or rule to be relied on].
THE FOLLOWING DOCUMENTARY EVIDENCE WILL be used at the hearing of the motion: [list the affidavits or other documentary evidence to be relied on].
| Date |
[Name, address, telephone and facsimile number of moving participant's lawyer or moving motion participant] |
TO: [Name, address, telephone and facsimile number of responding motion participant's lawyer or responding motion participant]
Form 5B
ORDER
REGISTRATION APPEALS COMMITTEE/PANEL OF THE
ONTARIO COLLEGE OF TEACHERS
| [names of tribunal members] |
[day and date of order] |
BETWEEN:
ONTARIO COLLEGE OF TEACHERS
and
[NAME OF APPELLANT]
ORDER
THIS MOTION, made by [identify moving motion participant] for [state the relief sought in the Notice of Motion, except to the extent that it appears in the operative part of the order], was heard this day [or heard on (date)], at the Ontario College of Teachers, 121 Bloor Street East, 6th Floor, Toronto, Ontario, M4W 3M5 [or by conference call].
ON READING the [give particulars of the material filed on the motion] and on hearing the submissions of counsel for [identify moving participants], [where applicable, add "(identify motion participant) appearing in person" or "no one appearing for [identify motion participant], although properly served as appears from (indicate proof of service)"],
- THE REGISTRATION APPEALS COMMITTEE/PANEL ORDERS that ...
- THE REGISTRATION APPEALS COMMITTEE/PANEL ORDERS that...
| [Signature of Committee or Panel chair] |
Schedule A
Form 9A
SUMMONS
(Ontario College of Teachers Act, 1996)
SUMMONS TO A WITNESS BEFORE THE REGISTRATION APPEALS
COMMITTEE/PANEL OF THE ONTARIO COLLEGE OF TEACHERS
TO: [name and address of witness]
(For oral hearing)
YOU ARE REQUIRED TO ATTEND TO GIVE EVIDENCE at the hearing of this proceeding on (day), (date), at (time), at (place), and to remain until your attendance is no longer required.
YOU ARE REQUIRED TO BRING WITH YOU and produce at the hearing the following documents and things: (Set out the nature and date of each document and give sufficient particulars to identify each document and thing).
IF YOU FAIL TO ATTEND OR TO REMAIN IN ATTENDANCE AS THIS SUMMONS REQUIRES, THE SUPERIOR COURT OF JUSTICE MAY ORDER THAT A WARRANT FOR YOUR ARREST BE ISSUED, OR THAT YOU BE PUNISHED IN THE SAME WAY AS FOR CONTEMPT OF THAT COURT.
(For electronic hearing)
YOU ARE REQUIRED TO PARTICIPATE IN AN ELECTRONIC HEARING on (day), at (date), (time), in the following manner: (Give sufficient particulars to enable witness to participate).
IF YOU FAIL TO PARTICIPATE IN THE HEARING IN ACCORDANCE WITH THE SUMMONS, THE SUPERIOR COURT OF JUSTICE MAY ORDER THAT A WARRANT FOR YOUR ARREST BE ISSUED, OR THAT YOU BE PUNISHED IN THE SAME WAY AS FOR CONTEMPT OF THAT COURT.
REGISTRATION APPEALS COMMITTEE/PANEL
OF THE ONTARIO COLLEGE OF TEACHERS
| Date |
[Signature of Committee or Panel] |
NOTE: You are entitled to be paid the same fees or allowances for attending at or otherwise participating in the hearing as are paid to a person summoned to attend before the Superior Court of Justice.
Form 10A
CONSENT ADJOURNMENT
[General Heading]
CONSENT
The College and counsel on behalf of the Appellant [or the Appellant where appropriate] have agreed that the hearing in this matter, originally scheduled to proceed on ____________________ (insert date(s)) be adjourned on consent to proceed on ___________________________________ (insert date(s)). The reason(s) for the adjournment is/are:
The parties certify that this/these date(s) has/have been cleared with the hearings office.
| [Date |
[Signature of Counsel for the College] |
| [Date] |
[Signature of Appellant or Counsel on behalf of the Appellant] |
The Chair of the Committee/Panel hereby signifies his/her consent to this request for an adjournment.
| Date |
[Signature of Committee or Panel] |
OR
The Chair of the Committee hereby signifies his/her refusal to consent to this request for an adjournment.
| Date |
[Signature of Committee or Panel Chair] |
