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Professionals - Costs. Okafor v. Ontario College of Teachers
In Okafor v. Ontario College of Teachers (Ont Div Ct, 2025) the Ontario Divisional Court dismissed a teacher's appeal [under s.35(1) of the Ontario College of Teachers Act], here brought against "the decision of the Discipline Committee of the Ontario College of Teachers .... which found her guilty of professional misconduct ..." and from "the Discipline Committee’s penalty decision ... that ordered ... a five-month suspension, and costs in the amount of $60,000.00".
Here the court considered a high costs award in favour of the College:When assessing costs, the Discipline Committee failed to consider the College used an entire day of hearing time objecting to the admissibility of Dr. Carr’s evidence, and that the College was not successful in resisting the admission of all of his evidence?
[93] The Appellant submits that success at the hearing was divided given that: (a) the Appellant successfully challenged the expertise of a College witness; and (b) the College was not successful in resisting the admission of all of Dr. Carr’s evidence arising from a one day voir dire.
[94] Under the College’s Rules, the College’s costs are a flat rate of $10,000 per day. The College sought $80,000 in costs representing two-thirds of the tariff rate per hearing day and did not seek cost for the penalty phase of the hearing which were additional two days. The Discipline Committee was awarded $60,000 which is 50% of the tariff per day for the misconduct hearing, where typically two-thirds of the tariff rate are awarded. The Discipline Committee considered the relevant principles in awarding costs. Its award is less than what an entirely successful College would have likely been awarded. I find that the Discipline Committee made no reversible error in its award of costs.
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