Gillian Tuck Kutarna

Partner | Toronto

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Portrait of Gillian Tuck Kutarna
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Ontario Court provides conflict of interest guidance to school board trustees

A recent Ontario Superior Court decision regarding an application by the London District Catholic School Board[1] (LDCSB) has provided some welcome guidance regarding conflicts of interest to trustees whose family members are employed by a school board they serve. Seven […]

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Court upholds reconsideration of Code of Conduct breach

In Del Grande v. Toronto Catholic District School Board,[1] the Divisional Court (the “Court”) recently dismissed an application for Judicial Review brought by a TCDSB Trustee (the “Applicant”). The Board of Trustee decision under review related to the enforcement of […]

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Ontario Government tables legislation to prohibit strike or lockout

On October 31, 2022, the Ontario government introduced Bill 28, Keeping Students in Class Act, 2022. If passed, this legislation would prohibit CUPE workers (approximately 55,000 Ontario education workers, including educational assistants, custodians, librarians, and early childhood educators) from striking […]

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A teacher’s past life may come back to haunt them

A registered teacher’s pre-registration conduct may, in some cases, be considered by the Ontario College of Teachers’ (the “OCT”) Discipline Committee in determining whether a Member is guilty of professional misconduct. This was explicitly recognized in Ontario College of Teachers […]

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Ontario Superior Court recognizes new tort of harassment

A recent decision by the Ontario Superior Court (Caplan v. Atas, 2021 ONSC 670) has created a new civil cause of action for harassment. The ruling arose from a set of extraordinary facts, wherein four lawsuits filed against the defendant were […]

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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 […]

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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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Court of Appeal Finds Contract Between University and Student

In Lam v. University of Western Ontario, 2019 ONCA 82, the Ontario Court of Appeal confirmed that a court may take jurisdiction over a claim that arises from an academic dispute between a student and a university. Facts Simon Lam […]

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