Nadya Tymochenko

Associée | Toronto

416.595.8513

Portrait de Nadya Tymochenko

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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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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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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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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,...

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School Board’s Expulsion of Grade 2 Student Upheld

In this decision, the Child and Family Services Review Board (the “Review Board”) upheld the decision of the Upper Grand District School Board (the “School Board”) to expel a Grade 2 student for physically assaulting an educational assistant (“EA”) on...

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Auditor General’s Report Highlights Concerns with the Current State of Technology in Education

In December 2018, the Auditor General of Ontario released its 2018 Annual Report. The Report contains 15 value-for-money audits. One of the value-for-money audits focused on publicly funded school boards and their use of information technology systems and technology in...

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Student Safety During Excursions

In July 2017, a 15-year-old boy named Jeremiah Perry drowned in Algonquin Park while on a canoe trip with his high school. Shortly after the incident, the Toronto District School Board acknowledged that Jeremiah had failed his swim test.  Fourteen...

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What’s Happening

Gillian Tuck Kutarna and Nadya Tymochenko will be presenting at this year’s Canadian Association of School System Administrators in Ottawa July 4 to 6. The Morning Recess fall webinar schedule will be available in August. Have a great summer!

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What’s Happening

Nadya Tymochenko and Gillian Tuck Kutarna will be speakers at the Canadian Association of School System Administrator’s Conference in Ottawa July 4-6. Morning Recess Webinars will be back in September.  Look for our new 2018-2019 schedule.

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New Cannabis Act

On January 18, 2018 the Education Law Group broadcast a Morning Recess webinar on the issue of cannabis in schools.  A copy of the podcast can be requested at educationlaw@millerthomson.com. The Cannabis Act, 2017 was passed on December 12, 2017...

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Service Dogs Not an Automatic Right in Schools

In a recent decision, J.F. v. Waterloo Catholic District School Board, the Human Rights Tribunal of Ontario (Tribunal) denied an application of discrimination based on a decision by the Waterloo Catholic District School Board (Board) denying the applicant’s request to...

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Bill 92, School Boards Collective Bargaining Amendment Act, 2017

On March 27, 2017, Bill 92, School Boards Collective Bargaining Amendment Act, 2017, received Royal Assent.  The legislation makes a variety of amendments to the School Boards Collective Bargaining Act, 2014 (the “Act”); however, several challenges may still remain to...

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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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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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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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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”)...

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Bender: No Discrimination Based on Sex or Family Status

Employers whose workforce accrue seniority based on days actually worked will want to take note of a recent employment decision by the Human Rights Tribunal of Ontario (“HRTO”) which considered allegations of discrimination based on sex (including pregnancy) and family...

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Updates to the Integrated Accessibility Standards of the AODA

On July 1, 2016, important updates were introduced to Ontario Regulation 191/11, Integrated Accessibility Standards (the “Regulation”), pursuant to the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”). Service Animals Changes that impact school boards include an expanded definition...

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Collective Bargaining Rights Affirmed: Putting Students First Act is Ruled Unconstitutional

On April 20, 2016, the Ontario Superior Court of Justice declared the Putting Students First Act, 2012 (the “PSFA”) unconstitutional.  In OPSEU v. Ontario,[1] the Court held that the Ontario government infringed upon the right to freedom of association guaranteed...

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“Official Mark” Protection for School Boards

School boards in Ontario are facing new pressures as a result of declining enrolment and decreases in funding, competition for students from private speciality schools and scrutiny by much more informed and sophisticated local communities.  In response to these pressures,...

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Education Foundations – Directors’ Personal Liability

School boards and private schools often choose to establish a separate corporation for the purposes of fundraising, and register the corporation as a charity.  Foundations can generate many benefits for a school or school board and the community they serve,...

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Covert Surveillance Admissible Despite Procedural Errors Following Policy

In a recent grievance arbitration decision between the Ottawa-Carlton District School Board (the “Board”) and the Ontario Secondary School Teachers’ Federation District 25 Plant Support Staff (“OSSTF”), a preliminary issue regarding the admissibility of covert surveillance records was adjudicated by...

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Oversight of the Education Sector by the Ombudsman’s Office

We reported in December 2014 that new powers were coming to the Ombudsman that would permit the Office of the Ombudsman to investigate and make recommendations regarding complaints with respect to school boards. This new authority began on September 1,...

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BPSAA Changes In Force January 1, 2016 – Business Plan Publication and Compliance Attestations

Effective January 1, 2016 the Broader Public Sector Accountability Act, 2010 (the “BPSAA”) will be amended to include new sections around the publication of business plans and compliance attestations by designated broader public sector organizations. The amendments will allow the...

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Bill 20: An Act to Protect Pupils with Asthma (Ryan’s Law)

The Provincial government recently passed new legislation addressing the emergency health needs of students with asthma. Bill 20, Ryan’s Law (Ensuring Asthma Friendly Schools), 2015, received Royal Assent on May 5, 2015, and is now in force. Ryan’s Law is...

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Loyola: Allowed to Teach the Catholic Religion from the Catholic Perspective

Many have been anxiously waiting for the Supreme Court of Canada’s decision in Loyola High School v. Quebec (Attorney General)[1] regarding the requirement that a privately funded Quebec Catholic boy’s secondary school, Loyola High School (“Loyola”), implement strictly, without amendment...

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The Executive Compensation Act and Ombudsman Act are Coming to Education

On March 10, 2014 we reported on the Government of Ontario’s intention to introduce legislation to strengthen the accountability and increase the transparency of the Broader Public Sector (“BPS”). In July the Ontario government did, indeed, introduce Bill 8, entitled...

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The Accountability & Transparency Act – How It Might Impact School Boards

The government has re-introduced the Public Sector and MPP Accountability and Transparency Act (formerly Bill 179 covered in our March 2014 Client Alert), now Bill 8.  Comprised of 11 Schedules, Bill 8 addresses various issues relating to public accountability, and...

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Allegation of Discrimination Not Upheld

A recent 87 page decision by the Ontario Human Rights Tribunal in B.C. and Durham Catholic District School Board and B.C. and Durham Regional Police Services Board, [2014] HRTO 42 (CanLII), considered an allegation of discrimination on the basis of...

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Is 5th Disease Back?

The Supreme Court of Canada in Dionne v. Commission scolaire des Patriotes, [2014] SCC 33 (CanLII) recently upheld an appeal from the Quebec Court of Appeal regarding the withdrawal from duties of a pregnant occasional teacher concerned about contracting 5th disease. This...

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Broader Public Sector Accountability Measures En Route

The Government of Ontario announced on March 6, 2014 that it will introduce legislation to strengthen accountability and increase transparency.  Some of these measures were raised by the Government in the late fall of 2013.  Although the legislation has not...

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Assigning Duties During Unassigned Time

In a very interesting recent interim decision, Arbitrator Paula Knopf was asked to consider whether secondary school teachers could be required to attend professional development sessions scheduled during their ‘unassigned time’. The Ontario Secondary School Teachers’ Federation (the “Federation”) acknowledged that...

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Bill C-13, Protecting Canadians from Online Crime Act

On November 20, 2013 the Federal Government introduced Bill C-13, Protecting Canadians from Online Crime Act, which will, if passed, amend the Criminal Code to include protection against the distribution of intimate images without consent.  There continues to be a...

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Subject to Crown Approval: Bill 122, the School Boards Collective Bargaining Act, 2013

Bill 122, the long awaited legislation codifying the collective bargaining framework between school boards, unions and the Ontario Government was introduced on October 22, 2013. The Provincial Government’s explanatory note describes the legislation as a “framework for two-tiered bargaining for...

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Interim Orders by the HRTO Might be the New Reality for Student Matters

The HRTO has recently issued two interim orders in the education sector of particular note because the interim orders require the implementation of measures similar or identical to the final measures sought by the applicants.  The first case required the...

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Access Denied to Parent without Legal Rights

The Information and Privacy Commissioner of Ontario (“IPC”) recently resolved an issue of access to school records that has concerned school boards for years.  Do parents who have neither custody nor access of their child have rights to review their...

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Advising ETFO Members Not To Participate in Extra-Curricular Activities Constitutes A Strike

On Thursday, April 11, 2013 the Ontario Labour Relations Board (“OLRB”) released its much anticipated decision with respect to the application by the Upper Canada District School Board and Trillium Lakelands District School Board (the “school boards”) alleging that the...

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No Discrimination Based on Disability or Family Status

The Human Rights Tribunal of Ontario recently decided a case regarding discrimination based on disability and family status.  Two cases; one brought on behalf of a student, by the student’s father, and the other case brought by the student’s mother...

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Psychological Health and Safety

The Canadian Standards Association (CSA) in partnership with several other organizations recently released a standard for psychological health and safety in the workplace. In recent years, law makers have recognized the need to improve psychological health.  For example, Bill 168...

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Financial Hardship Did Not Justify Denial of Accommodation for Disability

The duty to accommodate can be one of the most perplexing (and vexing) issues faced by employers.  The recent Supreme Court of Canada (“Court”) decision of Moore v. British Columbia (Education), provides some insight into the scope of the duty...

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Financial Hardship Not Justification for Reduction in Accommodation Services

The Supreme Court of Canada recently released its decision in the case of Moore v. British Columbia (Education)  2012 SCC 61, regarding the right to special education programming and services in order to access core educational objectives. The Court stated...

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Canada’s Top Court Rules Teacher’s Privacy Interest in Laptop Diminished Due to School Board Ownership of Computer and Workplace Policies Regarding Computer Use

The Supreme Court of Canada has released its much anticipated decision in R. v. Cole, a criminal law case with potential implications for the privacy rights of employees in the workplace.  That being said, it is important to keep in...

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Teacher Freedom of Expression

The Putting Students First Act (the “Act”), which was proclaimed in force effective September 12, 2012, (with the exception of section 20, which still remains to be proclaimed) has created uncertainty for school board administrations. The Act, which imposes a...

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School Investigation Has Negative Impact on College Decision

In a recent decision by the Ontario College of Teachers (the “College”) regarding whether discipline should be imposed on an occasional teacher (the “Member”) who had allegedly (1) struck the upper arm of a female student with her hand (2)...

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EAs Accompanying Students on Overnight Excursion is Not ‘Volunteering’

The Ontario Divisional Court recently heard an application for judicial review of a labour arbitration decision involving the Toronto District School Board (the “Board”) and the Canadian Union of Public Employees, Local 4400, (“CUPE”) representing educational assistants (“EAs”) working for...

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Bill 39, Concussions – Is it Everything It’s Cracked Up to Be?

On March 6, 2012, the Ontario Liberal Government introduced legislation amending Ontario’s Education Act to add provisions regarding concussions. Concussions have received increasing media attention due to significant issues with former hockey and football players in Canada and the United States....

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DECEs are Instructional Support Staff

In a February 2012 decision of the Ontario Labour Relations Board (OLRB), the OLRB determined that Designated Early Childhood Educators (DECE) working for the District School Board of Niagara (School Board) were part of a pre-existing Canadian Union of Public...

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OLRB Will Not Take Jurisdiction of Harassment Cases

The Ontario Labour Relations Board (« OLRB ») recently put to rest the question of whether or not changes to the Occupational Health and Safety Act brought about by Bill 168 also changed the OLRB’s authority to supervise employers with respect to...

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Bill 168 Changes the Assessment of Workplace Violence

In a recent arbitration decision upholding a termination, an arbitrator held that Bill 168, which amended the Occupational Health and Safety Act, revises the assessment of workplace violence. The grievor was terminated for a threat made to her union representative...

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New Tort of Invasion of Privacy

On January 20, 2012 the Ontario Court of Appeal released a unanimous decision creating the tort of invasion of privacy in Ontario. The Court of Appeal is apparently the first appellate court in Canada to definitively establish a common law...

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Accommodation Must be Adequate Not Ideal

The Human Rights Tribunal of Ontario has continued to clarify its role with respect to students with special needs.  In this case, the Applicant, through his mother as litigation guardian, alleged that he was not sufficiently accommodated when attending an...

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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...

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