What happens when there is an objection?
There are many reasons why a party might make an objection.
If College Counsel objects to a question the member asks a witness, the witness should not answer the question but wait for the panel to deal with the objection. The Chair of the panel may ask:
- the witness to be placed in a breakout room while the objection is being addressed by the parties and the panel
- College Counsel to provide the reason for their objection
- the member for submissions in response to the College’s objection
- College Counsel to respond to the member’s submissions
- Independent Legal Counsel to give their advice on the objection before the panel makes their decision about whether to allow the objection.
The panel can make their decision about the objection on the spot, or they may go into their breakout room to deliberate. When the panel is ready, everyone will return to the hearing room and the panel will deliver their decision regarding the objection.
If the panel “sustains” the objections, this means that they agree with the objection. Depending on the nature of the objection, the panel may allow the member to rephrase their question to the witness or order the member to move on to their next question. If the panel “overrules” the objection, this means that they will allow the member to ask the question to the witness in the same manner as they did before College Counsel’s objection and to continue with their questioning.
If a member wants to object to one of College Counsel’s questions, they can do so once College Counsel has asked the question but before the witness provides their answer.
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)
Submit a request.