( Disponible en anglais seulement )
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...
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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...
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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...
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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...
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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...
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Arbitrator rules that compliance with kindergarten class size regulations is required only as of determination date
A recent arbitral decision clarified the requirements that must be satisfied in order for a school board to comply with regulations in Ontario regarding kindergarten class sizes. The Elementary Teachers’ Federation of Ontario (the “ETFO”) filed a grievance claiming that...
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Labour Relations OLRB Sheds Light on Central and Local Bargaining
In OSSTF v Ontario,[1] the Ontario Labour Relations Board (“OLRB”) offered helpful insight into the education sector’s two-tiered collective bargaining regime. In its decision, the OLRB dealt with two applications brought by the Ontario Secondary School Teachers’ Federation (“OSSTF”): one...
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Human Rights Tribunal Finds School Board Provided Reasonable Accommodations for Student with ASD
The Human Rights Tribunal of Ontario recently dismissed an application made by a mother on behalf of her son, a Grade 2 student diagnosed with Autism Spectrum Disorder (ASD) and a learning disability. She alleged that the Upper Grand District...
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Are you Ready for Work-to-Rule?
School boards, superintendents and principals should prepare for the potential for labour unrest given the current political climate in Ontario. A work-to-rule campaign is one strategy often employed by unions representing elementary and secondary school teachers and support staff to...
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Surreptitious Recordings Offend a Student’s Right to Privacy at School
In R v Jarvis, the Supreme Court of Canada convicted a high school teacher of voyeurism after finding that students had a reasonable expectation of privacy while at school. The teacher in question taught at a high school in London,...
