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



An Early Look at Bill 135: Ensuring Asthma Friendly Schools

  • April 29, 2014
  • Glenn Yoon

Bill 135: Ensuring Asthma Friendly Schools aims to expand the prevention, monitoring and training obligations for Ontario school boards with a view to protecting the safety of students with asthma. The debate around Bill 135 suggests that similar obligations could eventually be imposed to cover other chronic medical conditions faced by Ontario students.

Case Summary - Nipissing-Parry Sound Catholic District School Board and Canadian Office & Professional Employees Union, Local 529

  • April 22, 2014
  • Edward O'Dwyer

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.

Education Law

Arbitrator Reinstates EA Who Engaged in Improper Physical Intervention

  • February 25, 2014
  • P. Adrian Di Lullo

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.

Education Law

OCA: Attempt to re-litigate an academic dispute is an abuse of process

  • November 01, 2013
  • P. Adrian Di Lullo

In a recent decision the Ontario Court of Appeal has protected the integrity of internal academic appeal processes at Universities by upholding the decision to strike a statement of claim brought against the University of Ottawa, and others, which sought to re-litigate an academic dispute.

Education Law

Education Legislation Faces Charter Challenge

  • November 22, 2012
  • Susan Luft

Susan Luft of the Ontario Secondary Schools Federation provides her take on the Act to Implement Restraint Measures in the Education Sector and the resulting charter challenge by a number of the largest stakeholders in Ontario’s education sector.

Education Law