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Now Hiring – British Columbia Teachers’ Federation v. BC
A recent decision from the Supreme Court of Canada (“SCC”), British Columbia Teachers’ Federation v. British Columbia, [2016] SCC 49, is having a significant impact on education in British Columbia. Background In 2002, the B.C. government enacted Bill 28 which...
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Private School Teacher Termination Upheld
This past June, the Ontario Court of Appeal (the “Court of Appeal”) overturned a wrongful dismissal decision from the Ontario Superior Court of Justice. Remy Fernandes (“Fernandes”) had been teaching at Mississauga Private School (the “School”) for over ten years...
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Court Upholds School Board’s Decision to Deny Accommodation Request
In a recent decision in E.T. v. Hamilton-Wentworth District School Board, the Superior Court of Justice upheld the decision of the Hamilton-Wentworth District School Board (the “Board”) denying a request to accommodate two students pursuant to its Equity Policy. The...
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Proposed New Environmental Protection Act Exemption for School Ventilation Systems
On November 22, the Ontario Ministry of Environment and Climate Change (MOECC) placed a regulatory proposal on the Environmental Registry (EBR) to make amendments to O. Reg 524/98 (Exemptions from compliance approvals related to point source air emissions) related to,...
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Protecting Students Act, Bill 37
On November 15, 2016, Bill 37, the Protecting Students Act (“Act”), passed third reading in the Ontario legislature. The purpose of the legislation is to improve the investigation and disciplinary processes of the Ontario College of Teachers (“OCT”) to reduce...
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Are you doing enough to protect your employees from workplace violence?
Two recent Ontario Provincial Court decisions highlight the increasing importance that the Courts, the Ministry of Labour, employers and employees are placing on the need to protect workers from incidents of workplace violence. On July 15, 2016, after an extensive...
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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...
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In Camera Board Meetings May Not Always be Private
The Supreme Court of Canada recently held that what happens at in camera meetings may not stay at in camera meetings. Boards of directors may meet in camera (meaning “in chambers”, or privately) in order to discuss particularly sensitive issues,...
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Amendments to Canada’s Advertising Self-Regulatory Guidelines Impact Endorsements and Testimonials
Advertising Standards Canada (“ASC”), the advertising industry’s self-regulatory body, has made changes to The Canadian Code of Advertising Standards (“Code”) which may be of interest to school board foundations. Effective as of October 3, 2016, these significant amendments include new...
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Grievance Regarding Staffing Upheld
In Ottawa-Carleton District School Board v. Ontario Secondary School Teachers’ Federation, a policy grievance commenced by the Ontario Secondary School Teachers’ Federation (“OSSTF”) was allowed by Arbitrator Russell Goodfellow on the basis that the Ottawa-Carleton District School Board (the “Board”)...
