Articles 2020

The interpretation and application of the confidentiality provisions regarding the Ontario Student Record in the Education Act continue to arise in various proceedings and forums, as these two cases demonstrate.

An overview of the recent OBA Education Law and Labour & Employment Law Sections' program, 'Collective Bargaining Update: Trends and Key Issues on the Horizon'.

In Order M0-3031, regarding the York Region District School Board (School Board), the IPC ruled that certain records of School Board trustees were not in the custody or under the control of the School Board and therefore were not governed by access to information provisions of the Municipal Freedom of Information and Protection of Privacy Act.

The Ontario Divisional Court ruled in Erazo et al. v. Dufferin-Peel Catholic District School Board that, pursuant to the Education Act, certain students of Catholic public schools are entitled to an exemption from some religious activities, such as mass and religious retreats.

The government has re-introduced the Public Sector and MPP Accountability and Transparency Act.

Arbitrator George Surdykowski has rendered a significant award in which he concludes that the Memorandum of Understanding between the Ontario English Catholic Teachers’ Association and the Ontario Government formed part of a school board’s 2012-14 collective agreements with OECTA. This award addresses an outstanding issue about the status of the collective agreements imposed on school boards by the Government for the 2012-2013 and 2013-2014 school years.

Canada’s Anti-Spam Legislation comes into force on July 1, 2014, and may significantly affect the way school boards are able to communicate with parents, employees, suppliers and stakeholders.

In Nipissing-Parry Sound Catholic District School Board and Canadian Office & Professional Employees Union, Local 529, 2014 CanLII 9874 (ON LA), Arbitrator Goodfellow was required to determine whether the School Board continued to be bound by provisions in the recently expired, 2008-2012 collective agreement, which could potentially increase the daily hours of work of educational assistants.

Citing the 22 years of clean service, but also noting an attempt to minimize the severity of her actions, Arbitrator Norm Jesin suggested that he would reinstate an EA without compensation after she was terminated provided that the union agreed to waive the operation of the sunset clause in her case. The termination occurred after the grievor intervened in the restraint of a kindergarten student by another EA and dragged the student by the wrist along the pavement into the school building.