Ontario Court provides conflict of interest guidance to school board trustees
A recent Ontario Superior Court decision regarding an application by the London District Catholic School Board[1] (LDCSB) has provided some welcome guidance regarding conflicts of interest to trustees whose family members are employed by a school board they serve. Seven […]
Does a school board provide services to a parent?
In MM v Thames Valley District School Board, 2022 HRTO 1431, the Human Rights Tribunal of Ontario (the “Tribunal”) recently dismissed an application brought by a mother against a school board where the mother alleged that the school board had […]
Court upholds reconsideration of Code of Conduct breach
In Del Grande v. Toronto Catholic District School Board,[1] the Divisional Court (the “Court”) recently dismissed an application for Judicial Review brought by a TCDSB Trustee (the “Applicant”). The Board of Trustee decision under review related to the enforcement of […]
Complaint to HPARB regarding psychological assessment dismissed
The Health Professions Review and Appeal Board (the “HPARB”) in ZH v LL, 2022 CanLII 58408 (ON HPARB) upheld the decision of the College of Psychologists of Ontario, which dismissed a complaint made by a parent regarding an assessment conducted […]
Teacher responsibility for student supervision during behaviour escalation
In the recent decision Ontario College of Teachers v Moss, 2022 ONOCT 98 the teachers’ regulatory body considered the role of a teacher in responding to student behaviour causing a risk of physical injury. The Member was assigned to a […]
A teacher’s past life may come back to haunt them
A registered teacher’s pre-registration conduct may, in some cases, be considered by the Ontario College of Teachers’ (the “OCT”) Discipline Committee in determining whether a Member is guilty of professional misconduct. This was explicitly recognized in Ontario College of Teachers […]
Bill 124 declared unconstitutional: Implications for the Education sector
The Ontario Superior Court of Justice recently found Bill 124, Ontario’s public sector wage restraint legislation, to be unconstitutional.[1] As a result, the Court declared the statute to be void and of no effect. However, the government has announced their […]
Arbitrator awards teachers damages due to unilaterally re-allocated prep time
A labour arbitrator recently awarded damages to Catholic secondary school teachers after finding that a school board did not provide the teachers with requisite daily preparation time in accordance with the collective agreement. In the decision, Ontario English Catholic Teachers’ […]
Bill C-27 and the protection of children’s privacy
In June 2022, the Minister of Innovation, Science and Industry introduced in the House of Commons Bill C-27, An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act […]
Ontario Government tables legislation to prohibit strike or lockout
On October 31, 2022, the Ontario government introduced Bill 28, Keeping Students in Class Act, 2022. If passed, this legislation would prohibit CUPE workers (approximately 55,000 Ontario education workers, including educational assistants, custodians, librarians, and early childhood educators) from striking […]
HRTO confirms it has concurrent jurisdiction with labour arbitrators
This month, the Human Rights Tribunal of Ontario released a decision in Weilgosh v. London District Catholic School Board, 2022 HRTO 1194 confirming the approach of the Tribunal that it has concurrent jurisdiction with labour arbitrators over human rights claims by […]
Tribunal rejects parent’s attempt to challenge school lesson on gender ideology
The Ontario Human Rights Tribunal in N.B. v. Ottawa-Carleton District School Board, 2022 HRTO 1044 (CanLII) recently confirmed that including gender identity in lessons taught to grade one students is not discriminatory. To the contrary, existing legislative provisions serve to […]
Anti-SLAPP motion protects TCDSB trustees from defamation claim
In Volpe v. Wong-Tam 2022 ONSC 3106, the Ontario Superior Court granted an anti-SLAPP motion and dismissed a defamation suit against City of Toronto councillors and Toronto Catholic District School Board (“TCDSB”) school trustees. The plaintiffs, M.T.E.C. Consultants Ltd., which […]
College of Teachers revokes teaching licenses as a result of speech
Two recent cases heard by the Ontario College of Teachers addressed the behaviour of teachers who were espousing racist and disparaging remarks both in and outside the classroom. Ontario College of Teachers v Dimarco, 2021 ONOCT 142 Along with allegations […]
Wandering children and educator culpability
Educators have a responsibility to supervise children in their care and protect them from reasonably foreseeable risks. Two recent arbitration cases considered whether educators can be disciplined when a student in their care wanders away or goes off school premises […]
Investigation of CoreFour Inc. (Edsby) by Privacy Commissioner of Canada
On May 20, 2021, the Office of the Privacy Commissioner of Canada (OPC) announced the release of a privacy report reviewing the compliance of CoreFour Inc., which operates an educational software application called Edsby, with the Personal Information Protection and […]
Ontario Superior Court recognizes new tort of harassment
A recent decision by the Ontario Superior Court (Caplan v. Atas, 2021 ONSC 670) has created a new civil cause of action for harassment. The ruling arose from a set of extraordinary facts, wherein four lawsuits filed against the defendant were […]
Political opinion about masks does not attract protection on the basis of creed
A recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”) may assist school boards, many of which have received requests for mask exemptions on the basis of “a sincerely held belief” by a parent that their child should […]
Privacy Law & Data Protection
The federal Digital Charter Implementation Act was introduced for First Reading on November 17, 2020 as Bill C-11. If enacted, the new Consumer Privacy Protection Act will replace the privacy portions of the current Personal Information Protection and Electronic Documents Act (“PIPEDA”), […]
Ontario government moves to ban suspension for students in Grades K to 3
The author would like to acknowledge the contribution of 2020 Summer Student and 2021/2022 Articling Student Kayla Cockburn. On July 9, 2020, the Ontario government announced “New Changes to Advance Equal Opportunity for Black, Indigenous and Racialized Students.” [1] The […]
School board held liable for historical sexual abuse of student
The author would like to acknowledge the contribution of 2020 Summer Student and 2021/2022 Articling Student Lindsay Armstrong. In a recent decision of the Ontario Superior Court of Justice, the Trillium Lakelands District School Board was held negligent and vicariously […]
Changes to education leadership in Ontario
Over the past few months, 14 of the 72 Ontario Directors of Education have either announced their retirement or left their positions. Such a significant turnover in leadership will not only be felt by the school boards with vacancies, but […]
COVID-19: Emergency preparedness and communications
On March 9, 2020 we presented an urgent “Morning Recess” webinar summarizing for our school board clients their legal rights and responsibilities in the face of the global spread of the COVID-19 virus. Please contact us if you would like […]
Failure to cooperate during investigation justifies suspension
A recent arbitration decision provides insight into what constitutes reasonable discipline in response to a failure by a teacher to participate in an investigation. In Ontario English Catholic Teachers’ Association v Brant Haldimand Norfolk Catholic District School Board, 2019 CanLII […]
When might a school board obtain an order for an independent medical evaluation
A recent arbitral decision ruled that a school board was entitled to request an independent medical evaluation (IME) by a psychiatrist regarding whether its employee was fit to return to work, even though the employee previously provided the school board […]
Court of Appeal Finds Contract Between University and Student
In Lam v. University of Western Ontario, 2019 ONCA 82, the Ontario Court of Appeal confirmed that a court may take jurisdiction over a claim that arises from an academic dispute between a student and a university. Facts Simon Lam […]
New Ontario Executive Compensation Freeze
The Ontario government recently issued Regulation 406/18 under the Broader Public Sector Executive Compensation Act 2014 (the BPSECA), freezing compensation for executives and heads of certain public bodies who earn $100,000 or more. The regulation implements a cap on salaries […]
School Boards Can Transfer a Student for Safety Reasons
Recently, in K.W. v Toronto Catholic District School Board, 2018 ONSC 2794, the Divisional Court confirmed that school boards have the authority to impose an administrative transfer on a student to preserve the safety and well-being of other students. By […]
Record Keeping Obligations of Ontario Charitable and Not-for-Profit Corporations
This article provides an overview of the current recordkeeping obligations of Ontario registered charities, such as school board foundations, under the Ontario Corporations Act (“OCA”), the not-yet-enacted Ontario Not-for-Profit Corporations Act, 2010 (the “ONCA”), and the federal Income Tax Act […]
