About Articles The below articles are published by the Education Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles



Ontario Court of Appeal Ruled Bill 124 Unconstitutional

  • April 25, 2024
  • Rita Yousif, associate, Keel Cottrelle LLP

The Ontario Court of Appeal released its recent decision in Ontario English Catholic Teachers’ Association v Ontario (Attorney General). The majority of the ONCA ruled that the Protecting a Sustainable Public Sector for Future Generations Act, 2019, known as Bill 124, was unconstitutional in so far as it applies to unionized employees.

Education Law, Student Forum

Program Recap: Privacy Issues In Education Law And Considerations For Technology Use

  • April 25, 2024
  • Andrea Lee, articling student 2023-2024, Lerners LLP

On January 25, 2024, the OBA hosted a program exploring the use of technology in the education sector and the potential privacy implications. Co-Chaired by Danielle Douek, partner at Lerners LLP, and Christiane Saad, director of the University of Ottawa's Law Practice Program, the session brought together experts to discuss the evolving landscape of technology in education and the associated legal and practical challenges.

Education Law, Student Forum

Case Comment: Kudrocova v Waterloo Region District School Board (2023)

  • April 25, 2024
  • Myle Nguyen, Genest Murray LLP

This Divisional Court decision involves a successful motion to strike a parent’s claim against a school board for failing to disclose a reasonable cause of action and for being an abuse of process and vexatious under Rule 21.01.

Education Law, Student Forum

Hansman v Neufeld: Counter-Speech and Trans Rights

  • November 17, 2023
  • Rachel Allen (she/her), Amy Chen (she/her)

In 2023, the Supreme Court of Canada considered a defamation case revolving around the public criticism of transphobic and homophobic comments made by a school board trustee. The decision of Hansman v Neufeld emphasized the importance of counter-speech and recognized the trans community is a marginalized group deserving rights and protections under Canadian law.

Education Law, Sexual Orientation and Gender Identity Law, Student Forum

The Potential Impact of Bill C-27 on School Boards

  • May 10, 2023
  • Nadya Tymochenko and Kayla Cockburn

While federal bills generally do not impact the operations of provincially regulated school boards, Bill C-27 will require a higher degree of protection for the personal information of minors. This article outlines some of the considerations for school boards if this Bill becomes law.

Education Law, Student Forum

No Just Cause for Termination Despite Teacher’s Lack of Professional Judgment

  • January 30, 2023
  • Aileen Gardiner

Teachers must behave professionally and respect boundaries in their relationships with students; however, a failure to do so is not necessarily just cause for dismissal. Before dismissal, the school board may be expected to provide guidance on the boundary between being a “caring adult” and inappropriate conduct.

Education Law, Student Forum