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...
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...
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...
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...
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...
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’...
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...
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...
