|
Education - Ontario Career Colleges Act, 2005. DGN Truck & Forklift Driving School v. Ontario Superintendent of Care
In DGN Truck & Forklift Driving School v. Ontario Superintendent of Care (Div Court, 2024) the Divisional Court allowed a JR from the issuance of 'Revocations of Program Approval' (presumably under the Ontario Career Colleges Act, 2005).
These quotes illustrate this rarely-litigated statutory regime:[1] The Applicants are career colleges. They each offer a program that is meant to satisfy the minimum education requirements for graduates to qualify for the Class A commercial driver licence examinations.
[2] On September 27, 2023, the Respondent, the Superintendent of Career Colleges (the “Superintendent”) issued a Revocation of Program Approval to the Applicant, DGN Truck & Forklift Driving School Ltd. (“DGN”) and on October 11, 2023, the Superintendent issued a Revocation of Program Approval to London Truck and Forklift Driving School (“London Truck”). ...
[3] On June 14, 2021, and March 17, 2022, the Superintendent sent letters addressed to registered career colleges at large that were offering programs to prepare graduates for Class A driver’s licensing examinations reminding them of their obligation to ensure that their programs were compliant with the Ministry of Transportation’s Standards (the “General Notices”). These letters were not specific to the Applicants or their programs.
[4] In June of 2023, investigators on behalf of the Superintendent conducted investigations of both Applicants’ programs. Reports were prepared of these investigations and forwarded to the Superintendent. As a result of these reports the Superintendent issued the Revocations of Program Approval that are the subject of this proceeding. No notice was sent to the Applicants that the Superintendent was considering revoking their program approvals, the Applicants were not provided with a copy of the reports that formed the basis for the revocations (or a summary of same) and they were not given an opportunity to respond to the concerns raised by the investigators.
|
