The Municipal Conflict of Interest Act and Light Rail Transit in the Waterloo Region
The Waterloo Region’s exploration of light rail transit provides an excellent case study and example of some of the challenges that exist with Ontario’s current Municipal Conflict of Interest Act (“Act”). On June 15, 2011, the Council for the Regional...
Board Does Not Have to Compensate Teachers for Work that is not Performed
In a matter between the Ontario Secondary School Teacher’s Federation (OSSTF) and Peel District School Board (the ‘Board’), Arbitrator Laura Trachuk was asked to consider the case of a full time teacher who for several years requested and was given...
DECEs are Instructional Support Staff
In a February 2012 decision of the Ontario Labour Relations Board (OLRB), the OLRB determined that Designated Early Childhood Educators (DECE) working for the District School Board of Niagara (School Board) were part of a pre-existing Canadian Union of Public...
Claim Against Board and Teacher for Student Suicide May Proceed
On February 7, 2011, the Ontario Superior Court released a decision on a motion that was made for a summary judgment in a claim by the family of a deceased student, Jordan Gallant, and Thames Valley District School Board (the...
Supreme Court of Canada Upholds Ethics & Religious Culture Program
On February 17, 2012 the Supreme Court of Canada ruled on the latest challenge by parents to religious freedom and education. In S.L. and D.J. and Commission scolaire des Chênes and Attorney General of Quebec the Supreme Court of Canada...
Pre-Reform Decisions from the Ontario College of Teachers Discipline Committee
The Ontario College of Teachers (“College”) recently announced that it has hired retired Justice Patrick LeSage to undertake a comprehensive review of its disciplinary process, to be completed by May 2012. Education Minister Laurel Broten has also introduced reforms, including...
OLRB Will Not Take Jurisdiction of Harassment Cases
The Ontario Labour Relations Board (“OLRB”) recently put to rest the question of whether or not changes to the Occupational Health and Safety Act brought about by Bill 168 also changed the OLRB’s authority to supervise employers with respect to...
Student Codes of Conduct Not Subject to Arbitration in B.C.
A recent B.C. Court of Appeal decision held that the B.C. Teachers’ Federation could not require school boards to establish and enforce student codes of conduct through the collective agreement because they were never negotiated between the parties. By Ministerial...
Bill 168 Changes the Assessment of Workplace Violence
In a recent arbitration decision upholding a termination, an arbitrator held that Bill 168, which amended the Occupational Health and Safety Act, revises the assessment of workplace violence. The grievor was terminated for a threat made to her union representative...
New Tort of Invasion of Privacy
On January 20, 2012 the Ontario Court of Appeal released a unanimous decision creating the tort of invasion of privacy in Ontario. The Court of Appeal is apparently the first appellate court in Canada to definitively establish a common law...
