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...
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...
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...
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...
