Bulletin matinal de droit de l’éducation

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June 2013

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Education Law Industry Group

The MT Education Law Group thought that, since this is our last newsletter before the new school year, we would summarize some of the most important legal cases for school boards this year, and there have been quite a few. ...

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Staff Advice and Recommendations Not Publicly Accessible Upon Request

The Ontario Court of Appeal recently considered what qualifies as the “advice or recommendations of a public servant”, for the purpose of exemption from freedom of information legislation. The Court clarified that this exception was designed to protect the decision-making...

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Canada’s Top Court Rules that Specific Performance Not Required For All Land Deals and Duty to Mitigate Applies

Miller Thomson successfully defended the Toronto Catholic District School Board (the “Board”) before the Supreme Court of Canada in a decision involving a dispute over an agreement of purchase and sale. Southcott Estates Ltd. entered into an agreement with the...

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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 accused was a high-school teacher charged with possession of child pornography and unauthorized use of a computer contrary to the Criminal Code. The teacher was provided with a laptop by the school board as part of his employment. He...

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Financial Hardship Not Justification for Reduction in Accommodation Services

The Supreme Court of Canada decision in the case of Moore v. British Columbia (Education) regarding the right to special education programming and services in order to access core educational objectives was much talked about this year. The Supreme Court...

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Using Our Courts to Investigate Cyberbullying in Schools

In another important Supreme Court of Canada case, anonymous cyberbullies created a fake Facebook page, which contained derogatory and defamatory content about a 15 year old girl. The girl brought a defamation and harassment action against the anonymous cyberbullies and...

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

The long awaited Ontario Labour Relations Board (“OLRB”) decision with respect to the application by the Upper Canada District School Board and Trillium Lakelands District School Board alleging that the Elementary Teachers’ Federation of Ontario (“ETFO”) acted unlawfully when it...

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Teacher Awarded $20K in Damages for Harassment by Principal and Board Staff

A long service teacher who required accommodations for disability needs was assigned and subsequently disciplined as a result of a variety of concerns. She grieved and was found to have suffered harassment within the meaning of the Ontario Human Rights...

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