Student Witnesses Might be Necessary to Prove Case
In a recent arbitral decision involving the Peterborough Victoria Northumberland and Clarington Catholic District School Board and Ontario English Catholic Teachers’ Association, the sufficiency of evidence was considered by an arbitrator when evaluating the discipline imposed on a teacher. The...
When is a Record Collected and Used? Case Note: Privacy Complaint No. MC08-91 and MC08-92, City of Vaughn
A couple of residents of the City of Vaughn, with a robust history of unsolicited contact with City staff and elected representatives, recently made a claim that when the City sent their correspondence to legal counsel for an opinion on...
Miller Thomson Launches Education Law Newsletter
Miller Thomson has formally created an Educational Law Industry Group to serve the complex needs of educational institutions, both English and Francophone. With extensive experience and a sound understanding of the case law, provincial legislation and best practices, members of...
Harassment is an Objective Test & Arbitrator Making Findings Necessary
The Divisional Court recently set aside the decision of arbitrator David Starkman with respect to the dismissal of a teacher from the Thames Valley District School Board. In its decision, the Divisional Court confirmed that harassment should be evaluated not...
Different Criteria for Retired Teachers Not Discrimination
A recent decision of the Human Rights Tribunal of Ontario found that the Thames Valley District School Board did not discriminate against a retired teacher, who sought to be added to the occasional teaching list, when it created different criteria...
HRTO Expanding Scope in Education Applications?
A recent interim decision of the Human Rights Tribunal of Ontario raises a question about the scope of the Human Rights Code’s application to publicly funded school boards. The Tribunal held that it would hear an Application made by a...
Giftedness Considered by HRTO for Accommodation
In this decision, the Human Rights Tribunal of Ontario seems to have expanded its scope for considering allegations of discrimination. The matter before the Human Rights Tribunal of Ontario was whether the Applicant, a student of the Ottawa Catholic District...
Expulsion Expunged Because Suspension was Not Mandatory
In a recent decision, the Child and Family Services Review Board allowed an appeal of an expulsion from the Rainbow District School Board because the student was not subject to a “mandatory” suspension pending expulsion. The appeal of an expulsion...
Names of Complainants Not Required to be Released by Board
The Information and Privacy Commission recently decided an appeal from a requestor who wanted the London District Catholic School Board to release the names of individuals who had made complaints about the requestor’s behaviour during a school event. Schools often...
