Articles 2021

Recently there have been decisions issued by both the Human Rights Tribunal of Ontario and in the arbitration context that provide some clarity with respect to an employer’s obligation to provide accommodation that would result in the removal of an essential duty of the position.

On May 14, 2015, the OBA’s Education Law Section was pleased to welcome the Honourable Liz Sandals, Minister of Education for the evening session, “Dinner with the Minister and Whirlwind Caselaw Update”.

A review of the joint session of the Education Law and Child and Youth Law sections held on March 31, 2015.

HRTO finds that parents whose students do not attend the school in question do not have standing to bring an application to the HRTO.

The Supreme Court of Canada considers the right of the Quebec Ministry of Education to require a private Catholic school to teach an Ethics and Religious Culture course from a strictly secular perspective.

The Alberta Rights Tribunal explores the issue of a school board's liability for the actions of one of its students who was found to have harassed a teacher on the basis of a prohibited ground.

In OSSTF v. Brant Haldimand Norfolk Catholic District School Board, 2014, a retired custodian found he was not enrolled in the Ontario Municipal Employees Retirement System and filed a grievance seeking retroactive enrollment.

Several consortia and school boards across the province denied freedom of information requests pursuant to the Municipal Freedom of Information and Protection of Privacy Act requesting access to a variety of records related to the procurement of student transportation services. Here is a summary of the IPC's recent decisions following appeal.

In 2014, the Ontario Employment Standards Act, 2000, S.O. 2000 C. 41, which applies to most employees of all provincially-regulated employers in the province, including Ontario school boards, received some significant amendments. The most notable changes came in the form of three new leaves of absence, for which employees with specified length of service are eligible.

On July 29, 2014, the Ontario arbitration decision of Greater Essex County District School Board and CUPE, Local 27 (Retiree Benefits), Re, held that a collective agreement which mandated the school board to provide benefits to retired employees over the age of 65 was permissible under sections 177(3) and (4) of the Education Act.