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Fairness, Reasonableness and Charter Right Balancing in Trustee Code of Conduct Decisions
Anastasia Toma, Counsel at the Office of the Ontario Ombudsman. | February 06, 2025
One recent judicial review, Sloat v Grand Erie District School Board, 2024 ONSC 6209, offers a cautionary tale about the importance of protecting procedural rights and ensuring that decision-makers have a full understanding of the facts before rendering their decisions.
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Advanced Human Rights Issues in Education: A Timely Reminder
Robin Bates | December 31, 2024
Human rights challenges are a daily reality in the education sector. On November 21, 2024, the Ontario Bar Association hosted an engaging and thought-provoking program that delved into some of the most timely human rights concerns in the education sector, offering practical insights and best practices for legal professionals, educators, and policymakers alike.
Learn morePublic School Board: Balancing a Duty to Investigate with Employee Rights to Privacy
Vickie Do, articling student, York Catholic District School Board | November 08, 2024
Ontario public school boards may be liable where they fail to reasonably investigate human rights complaints or where their investigations violate privacy rights. School boards can limit their liability by providing clear policies outlining their investigation processes, restricting the collection of information, limiting access to information, and adapting their processes as new information arises. This ensures that complaints are reasonably addressed and privacy rights are respected.
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Ontario’s Back-to-Basics Education Plan: The ‘New’ Ban on Cell Phones in the Classroom
The start of the 2024-2025 school year in September saw the introduction of Ontario’s ban on cell phones in the classroom, among the toughest of its kind in Canada. The ban has been a long time coming. This article examines the Ministry of Education’s June 27, 2024 amendments to the Provincial Code of Conduct, Policy/Program Memorandum (PPM) 128, and how school communities are enforcing the new ban, in light of legal concerns over excessive youth social media use.
Learn moreCase Summary: YRDSB v ETFO, 2024 SCC 22
Naomi Santesteban and Emily Elder, Filion Wakely Thorup Angeletti LLP | November 05, 2024
The Supreme Court of Canada recently held that Ontario public school boards are “inherently governmental” and thus subject to the Canadian Charter of Rights and Freedoms (“Charter”). As a result, the Court overturned an arbitrator’s decision regarding discipline imposed on two teachers because the arbitrator failed to conduct a Charter analysis. This case summary provides a brief overview and analysis of the decision, including the implications for school boards.
Learn moreCase Comment: Kudrocova v Waterloo Region District School Board (2023)
Myle Nguyen, Genest Murray LLP | April 25, 2024
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.
Learn moreCaitlin Merritt, Janis McAfee, and Cecilia Hoover (Dolden Wallace Folick LLP) | April 25, 2024
The Supreme Court of British Columbia recently dismissed a Plaintiff’s claim for vicarious liability against the defendant school board which had arranged for private tutoring sessions with a tutor who later sexually abused the Plaintiff.
Learn moreOntario Court of Appeal Ruled Bill 124 Unconstitutional
Rita Yousif, associate, Keel Cottrelle LLP | April 25, 2024
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.
Learn moreProgram Recap: Privacy Issues In Education Law And Considerations For Technology Use
Andrea Lee, articling student 2023-2024, Lerners LLP | April 25, 2024
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.
Learn moreHansman v Neufeld: Counter-Speech and Trans Rights
Rachel Allen (she/her), Amy Chen (she/her) | November 17, 2023
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.
Learn moreThe Potential Impact of Bill C-27 on School Boards
Nadya Tymochenko and Kayla Cockburn | May 10, 2023
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.
Learn moreNo Just Cause for Termination Despite Teacher’s Lack of Professional Judgment
Aileen Gardiner | January 30, 2023
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.
Learn moreAndrew Easto | January 30, 2023
This detailed case summary reviews the Ontario Court of Appeal's decision in Elementary Teachers Federation of Ontario v. York Region District School Board. In this groundbreaking decision, the Court of Appeal held that section 8 of the Charter applies to the actions of principals conducting workplace investigations. Further, the Court found that the Board’s investigation violated the teachers’ reasonable expectation of privacy and constituted an unreasonable search under section 8.
Learn moreEducation Law Implications of the OHRC’s Right to Read Report
Jean-Frédéric (J-F) Hübsch | May 13, 2022
The Right to Read inquiry of the Ontario Human Rights Commission found that Ontario's public education system is failing students with reading disabilities, among others, by not using an evidence-based approach to teach children how to read. This article summarizes a number of the important recommendations of the Right to Read report.
Learn moreArbitrator Finds School Board’s Vaccination Policy Did Not Violate the Charter
Emily La Mantia | May 13, 2022
A labour arbitrator recently upheld Toronto District School Board's COVID-19 vaccination policy, finding that it did not infringe the Charter and was a reasonable exercise of management rights in response to the pandemic.
Learn moreArbitrator Finds School Board Not Required to Reimburse Costs Arising from Transition to Remote Work
Daniel Park | February 14, 2022
In a recent award, an arbitrator found that Toronto District School Board was not required to reimburse costs that education workers incurred when they were required to work remotely due to the pandemic.
Learn moreProgram Recap: COVID and the Family Court
Jean-Frédéric (J-F) Hübsch | February 14, 2022
This article reviews a recent Webinar regarding Family Court decisions related to the pandemic, including vaccination and remote learning, that will interest members of the Education Law, Family Law and Child and Youth Law sections.
Learn moreOverview of Policing in Ontario Schools: The Persistence of Discrimination
Adrianna Mills & Enniael Stair | November 08, 2021
This article reviews evidence that police presence in schools can have a harmful impact on marginalized students, including the recent Human Rights Tribunal of Ontario decision in JKB v Peel (Police Services Board).
Learn morePrivacy and Access Resources for Education Lawyers, Educators and Children
Jean-Frédéric (J-F) Hübsch | October 28, 2021
The Information and Privacy Commissioner of Ontario recently released new resources to help both education professionals and children understand privacy and access law in Ontario.
Learn moreA Thank You from the Education Law Section Chair
Jean-Frédéric (J-F) Hübsch | May 18, 2021
As the outgoing Chair of the OBA’s Education Law Section, I’d like to thank you for your support of and participation in our Section this past year, despite the impacts of the pandemic on our professional and personal lives.
Learn moreFamily Law Amendments and Significance for Educators
Kimberley Ishmael, Keel Cottrelle LLP, and Shamim Fattahi, Algieri-Boileau Legal | March 22, 2021
Important legislative amendments to provisions of the federal Divorce Act, RSC 1985, c 3 (2nd Supp) took effect on March 1, 2021. These amendments were made through Bill C-78 and were originally scheduled to come into force on July 1, 2020; however, the Government of Canada deferred the effective date to March 1, 2021 due to the extraordinary circumstances related to the COVID-19 pandemic.
Learn moreHistoric Case of Sexual Abuse: Addressing Vicarious and Independent Liability of School Board
Renata Antoniuk, DWF Toronto, and Mario Delgado, DWF Toronto | March 22, 2021
A school board was recently found vicariously liable for historical sexual abuse that the plaintiff was subjected to by her high school teacher.
Learn moreCourt of Appeal Finds University Discriminated Against Disabled Student
Tawanda Masimbe, Filion Wakely Thorup Angeletti LLP | March 22, 2021
In a recent decision, the Court of Appeal for Ontario found that the University of Waterloo discriminated against a student applicant on the basis of disability in refusing admission. The decision provides helpful insight into how educational institutions can meet the substantive and procedural aspects of the duty to accommodate in their student admission processes.
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