DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TRADES NOTICE OF HEARING

Similar documents
DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TRADES

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TRADES NOTICE OF HEARING

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TRADES NOTICE OF HEARING

COLLEGE OF NURSES OF ONTARIO. - and - TANIA SCOTT REGISTRATION NO. JE06287 NOTICE OF HEARING

AMENDED NOTICE OF HEARING

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TRADES

DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO. - and - ALLEN PHILLIP DENYS

DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO. - and - MARTIN JUGENBURG

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS NOTICE OF HEARING

DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO. - and -

DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO. - and - JACK SAUL MOUSSADJI

NOTICE OF HEARING DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO B ETW~CN: COLLAGE OF PHYSICIANS AND SURGEONS OF ONTARIO

NOTICE OF HEARING DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO B ETWEEN: COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO

Reasons for Decision File No.: DC201809

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF SOCIAL WORKERS AND SOCIAL SERVICE WORKERS

DISCIPLINE COMMITTEE OF THE COLLEGE OF REGISTERED PSYCHOTHERAPISTS AND REGISTERED MENTAL HEALTH THERAPISTS OF ONTARIO

By-law (Consolidated as amended)

THE ENGINEERS REGISTRATION (AMENDMENT) BILL, 2013 BY HARRIET ITYANG MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS

TORONTO MUNICIPAL CODE CHAPTER 915, PARKING ON PRIVATE OR MUNICIPAL PROPERTY. Chapter 915 PARKING ON PRIVATE OR MUNICIPAL PROPERTY

IN THE MATTER of the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended, and the regulations thereunder, as amended;

HEALTH RECORDS AND INFORMATION MANAGERS ACT

THE CITY OF VAUGHAN BY-LAW BY-LAW NUMBER

The Road Safety (Amendment) Law of 2000 is published in the Cyprus Government Gazette according to Section 52 of the Constitution.

TORONTO MUNICIPAL CODE CHAPTER 610, PENALTIES, ADMINISTRATION OF. Chapter 610 PENALTIES, ADMINISTRATION OF. ARTICLE 1 General

BY-LAW NO This By-law may be cited as Camrose County Road Use By-law

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

The Corporation of the City of Kawartha Lakes. By-Law A By-law to Licence Motor Vehicle Racing and Motor Vehicle Racing Facilities

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

DISCIPLINE COMMITTEE OF THE COLLEGE OF CHIROPODISTS OF ONTARIO. Cesar Mendez,Chairperson Ed Chung Member Khalid Daud Public Member Riaz Bagha Member

ACCOUNTANTS ACT 2010 (NO. 7 OF 2010)

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, Bill 87. (Chapter 11 of the Statutes of Ontario, 2017)

BERMUDA PUBLIC SERVICE COMMISSION REGULATIONS 2001 BR 81 / 2001

SET FINE APPLICATIONS

c t PHYSIOTHERAPY ACT

Attachment 1 Chapter 740, Street Vending

Chartered Institute of Taxation of Nigeria Act CHAPTER C10 CHARTERED INSTITUTE OF TAXATION OF NIGERIA ACT ARRANGEMENT OF SECTIONS PART I

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: CATHY EGERTON, Public Member Chairperson

SET FINE APPLICATIONS BEST PRACTICES MANUAL

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

PARAMEDICS. The Paramedics Act. being

SAINT CHRISTOPHER AND NEVIS No. 16 of 2010

1. DISCIPLINARY CODE: STUDENTS (Rules prescribed by the University Council) 1.1 DEFINITION OF MISCONDUCT A student shall be guilty of misconduct and

PROFESSIONAL AND OCCUPATIONAL ASSOCIATIONS REGISTRATION ACT

The Saskatchewan Applied Science Technologists and Technicians Act

THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF ARMOUR BY-LAW # BEING A BY-LAW TO LICENCE TRAILERS IN THE MUNICIPALITY

TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001 BERMUDA 2001 : 22 TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001

The Corporation of the Town of South Bruce Peninsula. By-Law Number

Chapter 381. Probation Act Certified on: / /20.

REASONS FOR DECISION OF THE TORONTO LICENSING TRIBUNAL

Methadone Pharmacy and Methadone Clinics Licensing Bylaw

BYLAW BEING A BYLAW OF STRATHCONA COUNTY IN THE PROVINCE OF ALBERTA TO REGULATE THE SAFETY OF TAXIS

Provincial Offences Act R.S.O. 1990, CHAPTER P.33

CHARTERED INSTITUTE OF TAXATION OF NIGERIA ACT

CONSOLIDATION OF CHILD DAY CARE ACT. R.S.N.W.T. 1988,c.C-5. (Current to: March 20, 2011)

2013 Bill 32. First Session, 28th Legislature, 62 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 32 ENHANCING SAFETY ON ALBERTA ROADS ACT

Highway Traffic Act Code de la route

BERMUDA BAR DISCIPLINARY TRIBUNAL RULES 1997 BR 55 / 1997

This matter came on for hearing before

STATUTE SECTION STATUTORY BREACH LIABILITY DEFENCE RESPONSIBLE PARTY FEDERAL STATUTES Canada Pension Plan, R.S.C 1985, c. C-8.

INSTITUTE OF CHARTERED ACCOUNTANTS OF NIGERIA ACT

Fence By-law. PS-6 Consolidated May 14, As Amended by: PS March 20, 2012 PS May 14, 2013

ROYAL CANADIAN MOUNTED POLICE ACT [FEDERAL]

City Of Kingston. Ontario. By-Law Number A By-Law To License, Regulate And Govern Certain Trades And Occupations

MIDWIFERY. The Midwifery Act. being

INSTITUTE OF CHARTERED ACCOUNTANTS OF NIGERIA ACT

Road Transport Act 1981

The Engineering Profession Amendment Act

FIREWORKS BYLAW BYLAW NO

c t ANIMAL HEALTH ACT

The Registered Music Teachers Act, 2002

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

THE FINANCIAL SERVICES ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY PART II THE FINANCIAL SERVICES COMMISSION

The Department of Consumer Affairs Act

Local Government Amendment (Conduct) Act 2012 No 94

The Nakuru County Child Care Facilities Bill, 2014 THE NAKURU COUNTY CHILD CARE FACILITIES BILL, 2014 ARRANGEMENT OF CLAUSES PART I PRELIMINARY

The Medical Radiation Technologists Act, 2006

CONSOLIDATION OF BUILDING CODE ACT. S.Nu. 2012,c.15

The Canadian Information Processing Society of Saskatchewan Act

CHARTERED INSURANCE INSTITUTE OF NIGERIA ACT

SAINT CHRISTOPHER AND NEVIS STATUTORY RULES AND ORDERS. No. 10 of 2014 PUBLIC SERVICE CODE OF DISCIPLINE

SECURITY SERVICES AND INVESTIGATORS ACT

TORONTO MUNICIPAL CODE CHAPTER 79, FIRE SERVICES. Chapter 79 FIRE SERVICES

The Social Workers Act

CITY OF EDMONTON BYLAW SAFETY CODES PERMIT BYLAW (CONSOLIDATED ON JANUARY 1, 2016)

Road Transport (General) Amendment (Vehicle Sanctions) Act 2012 No 23

No. 58 of Accountants Act Certified on: / /20.

IN THE MATTER of the Certified Management Accountants Act, 2010, S.O. 2010, c.6, Sched. B;

1ST SESSION, 41ST LEGISLATURE, ONTARIO 64 ELIZABETH II, Bill Pr19. (Chapter Pr6 Statutes of Ontario, 2015)

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, Bill 158

Information about the Complaint Process at CPA Nova Scotia

AGROLOGISTS, The Agrologists Act. being

THE CORPORATION OF THE CITY OF PEMBROKE BY-LAW NUMBER

The Motor Dealers Act

THE CORPORATION OF THE TOWNSHIP OF STRONG BY-LAW # TRAILER LICENSING. Being a By-law to License Trailers in the Township

THE CORPORATION OF THE CITY OF MISSISSAUGA HIGHWAY OBSTRUCTION BY-LAW (Amended by )

THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT BY-LAW NO

The Speech-Language Pathologists and Audiologists Act

GEOLOGISTS REGISTRATION ACT

[ASSENTED TO 11 JULY 1977] [DATE OF COMMENCEMENT: 16 SEPTEMBER 1977] REGULATIONS IN RESPECT OF THE SAVING OF PETROLEUM PRODUCTS

CATEGORY A2 - ACCREDITED CERTIFIER BUILDING SURVEYING GRADE 2

Transcription:

Notice of Hearing File No.: DC201804 DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TRADES BETWEEN: ONTARIO COLLEGE OF TRADES -and- JASWINDER SINGH NOTICE OF HEARING THE COMPLAINTS COMMITTEE OF THE ONTARIO COLLEGE OF TRADES, pursuant to section 44, subsection (5) of the Ontario College of Trades and Apprenticeship Act, 2009 (the Act ), S.O, 2009, chapter 22, has directed that the matter hereinafter described regarding the conduct or actions of Jaswinder Singh (Membership No. 13254310), a member of the College, be referred to the Discipline Committee of the Ontario College of Trades. The Discipline Committee, pursuant to section 46, subsection (1) of the Act, shall hear and determine matters referred to it by the Complaints Committee under section 44 of the Act. IT IS ALLEGED that Jaswinder Singh has engaged in professional misconduct as defined in subsection 46(2) of the Act and/or Ontario Regulation 97/13 made under the Act in that he: a) failed to take reasonable steps to safeguard the life, health or property of a person who may be affected by the work of a person for whom he is responsible, when he knew or ought to have known that there was a risk to life, health or property (Ontario Regulation 97/13, subsection 1(1)); b) failed to act to correct or report a situation that he knew or ought to have known may endanger the safety or welfare of the public (Ontario Regulation 97/13, subsection 1(2)); Page 1 of 6

c) signed or issued, in his capacity as a member of the College, a document that he knew or ought to have known contained a false, improper or misleading statement (Ontario Regulation 97/13, subsection 1(8)); d) was found guilty of contravening a law, the contravention of which is relevant to his suitability to hold a certificate of qualification or statement of membership (Ontario Regulation 97/13, subsection 1(9)); e) failed to maintain the standards of a trade (Ontario Regulation 97/13, subsection 1(10)); and f) failed to act, in respect to the practice of a trade, in a manner that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional (Ontario Regulation 97/13, subsection 1(11)). PARTICULARS OF THE ALLEGATIONS ARE AS FOLLOWS: Background 1. Jaswinder Singh, Membership No. 13254310 (the Member ), is a member of the Ontario College of Trades (the College ). 2. At all material times, the Member held a Certificate of Qualification ( C of Q ), Journeyperson class, in the trade of Truck and Coach Technician (310T). 3. At all material times, the Member was the owner, director and the controlling mind of Ontario Corporation #1405759 o/a Toronto Truck Repair ( Toronto Truck Repair ), located at 225 Claireport Crescent, Etobicoke, Ontario. 4. At all material times, Toronto Truck Repair was licensed by the Ontario Ministry of Transportation ( MTO ) as a Motor Vehicle Inspection Station and the Member, by virtue of being a C of Q holder, was licensed to issue Annual Inspection Certificates ( AICs ) for motor vehicles pursuant to the Highway Traffic Act, RSO 1990, ch. 8 (the HTA ) and its Regulations. Member Issues Improper AIC Page 2 of 6

5. On or about September 12, 2015, an individual, [NAME], brought his 1995 Ford dump truck with the Vehicle Identification Number ( VIN ) [NUMBER] (the Truck ) to Toronto Truck Repair seeking to obtain an AIC. 6. On or about September 12, 2015, the Member signed and issued AIC #6992054 for the Truck to [NAME]. The Member had not performed an inspection prior to issuing the AIC, despite the requirement to do so pursuant to section 90(3) of the HTA. Wheel-Off From the Truck leading to Death of a Bystander 7. On or about September 18, 2015, [NAME] was operating the Truck westbound on Meadowvale Boulevard in Mississauga, Ontario. At the same time, an individual, Diane Tsialtas, was walking eastbound on Meadowvale Boulevard on the south sidewalk. 8. As the Truck approached West Credit Avenue, two tires on the rear driver s side of the Truck detached from an axle. 9. One of the tires continued rolling in a western direction and struck Diane Tsialtas in the head area. She was transported to Sunnybrook Hospital and passed away the next morning. Investigation Following the Incident 10. After the incident, the Truck s wheels were inspected by D. D. Perovic, a Professor of Material Science and Engineering at the University of Toronto. 11. Perovic s report concluded that the loose wheel condition existed prior to the date the AIC was issued by the Member. Conviction Under the Criminal Code of Canada in Relation to the Truck Wheel-Off 12. On or about May 18, 2017, the Member was found guilty of an offence under s. 430 (5.1) of the Criminal Code of Canada for completing and certifying the AIC of the Truck causing actual danger to the life of an individual. Page 3 of 6

13. On or about June 1, 2017, a judge of the Ontario Court of Justice imposed a four-month custodial sentence and a two-year probation order on the Member. A PANEL OF THE DISCIPLINE COMMITTEE WILL HOLD A HEARING pursuant to sections 46 and 48 of the Act for the purpose of deciding whether the Member has engaged in professional misconduct. A copy of the Rules of Procedure of the Discipline Committee & Fitness to Practise Committee is enclosed. AN APPEARANCE WILL TAKE PLACE BEFORE THE PANEL by teleconference on Thursday, April 26, 2018 at 10:00 a.m. (Eastern) to set a date for the hearing of this matter on its merits (the Hearing ). The teleconference call-in details will be provided to all parties at least two (2) weeks prior to the teleconference. The Hearing, once scheduled, will be held at Victory Verbatim, 222 Bay Street, Suite 900, Toronto, Ontario or such other venue as the College may advise, on a date to be determined after consultation between College Counsel and the Member or his legal counsel/representative, and fixed by the Hearings Coordinator. THE MEMBER IS ENTITLED AND ENCOURAGED TO PARTICIPATE IN THE ABOVE-NOTED APPEARANCE BY TELECONFERENCE AND AT THE HEARING, AND IS ENTITLED TO BE REPRESENTED BY LEGAL COUNSEL OR A REPRESENTATIVE THROUGHOUT THIS PROCEEDING. The Member or his legal counsel/representative may contact College Counsel to discuss the scheduling of the Hearing or a pre-hearing conference to determine whether a date for the Hearing can be agreed upon. College Counsel s contact information is provided below. IF A DATE FOR THE HEARING IS NOT AGREED UPON AND THE MEMBER DOES NOT ATTEND THE APPEARANCE BY TELECONFERENCE ON Thursday, April 26, 2018 at 10:00 a.m. (Eastern) TO SET A DATE FOR THE HEARING, THEN THE PANEL MAY PROCEED IN HIS ABSENCE TO SET A DATE FOR THE HEARING. NOTICE OF THE HEARING DATE WILL BE PROVIDED TO THE MEMBER IN WRITING AT HIS LAST KNOWN ADDRESS AS SHOWN IN THE RECORDS OF THE COLLEGE. IF THE MEMBER DOES NOT ATTEND THE HEARING ON THE DATE SCHEDULED, THE PANEL MAY PROCEED IN HIS ABSENCE AND HE WILL NOT BE ENTITLED TO ANY FURTHER NOTICE OF THE PROCEEDING. IF THE PANEL FINDS THE MEMBER GUILTY OF PROFESSIONAL MISCONDUCT, the panel shall make one Page 4 of 6

or more of the following orders, pursuant to subsection 46(4) of the Act: 1. Directing the Registrar to revoke the Member s certificate of qualification or statement of membership. 2. Directing the Registrar to suspend the Member s certificate of qualification or statement of membership for a specified period, not exceeding 24 months. 3. Directing the Registrar to impose specified terms, conditions or limitations on the Member s certificate of qualification or statement of membership. 4. Directing that the Registrar not carry out a direction made under paragraph 1, 2 or 3 for a specified period and not carry out the direction at all if specified terms are met within that period. IN ADDITION, IF THE PANEL FINDS THE MEMBER GUILTY OF PROFESSIONAL MISCONDUCT, the panel may make an order doing one or more of the following, pursuant to subsection 46(5) of the Act: 1. Requiring that the Member be reprimanded, admonished or counselled by the panel or its delegate and, if considered warranted, directing that the fact of the reprimand, admonishment or counselling be recorded on the register for a specified or unlimited period. 2. Imposing a fine in an amount that the panel considers appropriate, to a maximum of $2,000, to be paid by the Member to the Minister of Finance for payment into the Consolidated Revenue Fund. 3. Directing that the finding and the order of the panel be published, in detail or in summary, with or without the name of the Member, in the official publication of the College and in any other manner or medium that the panel considers appropriate in the particular case. 4. Fixing costs to be paid by the Member. A member whose conduct has been directed or referred to a proceeding before the Discipline Committee or panels thereof may examine before the hearing any written or documentary evidence that will be produced or any report, the contents of which will be given as evidence at the hearing. The College must provide the member with complete disclosure at least fifteen (15) days before the hearing on the merits Page 5 of 6

of all evidence in the College s possession or control relevant to the allegations that is not privileged. To obtain disclosure in this matter, the Member or his legal counsel/representative should contact John J.S. Park, College Counsel in this matter, using the contact information noted below. Date: March 12, 2018 George Gritziotis George Gritziotis Registrar & Chief Executive Officer Ontario College of Trades 655 Bay Street, Suite 600 Toronto, ON M5G 2K4 To: Jaswinder Singh [ADDRESS] [ADDRESS] From: John J.S. Park, College Counsel 655 Bay Street, Suite 600 Toronto, ON M5G 2K4 647-847-3120 john.park@collegeoftrades.ca Page 6 of 6