Do members need to attend their hearing?
No, a member is not required to attend their hearing. However, it is recommended that they do so (or retain a lawyer to represent them), as discipline matters are serious and may have significant consequences. Members should be aware of the risks of not attending their hearing, particularly where the hearing is contested and the parties have not come to an agreement with respect to the appropriate finding and/or penalty. If a member chooses not to attend the hearing, the panel may hear the case in the member’s absence and the member will generally not be able to make submissions or give evidence in their defence. A panel may also order costs against a member where they have been completely unresponsive or uncooperative throughout their discipline proceedings, so members should be mindful of this possibility when deciding whether or not to attend their hearing.
In order to ensure that the proceedings run efficiently, a member should inform the Tribunals’ Office of their attendance or absence prior to their hearing.
Other Resources
- Members might find the following resources useful when preparing for their hearing:
- Rules of Procedure of the Discipline Committee and Fitness to Practise Committee
- Ontario College of Teachers Act
- Practice Direction for Electronic Proceedings
- CanLII for similar cases [use search term ONOCT]
- National Self-Represented Litigants Project: The CanLII Primer | CanLII)
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