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



Grievance Regarding Staffing Upheld

  • December 07, 2016
  • Nadya Tymochenko and François Bourgault

In Ottawa-Carleton District School Board v. Ontario Secondary School Teachers’ Federation, a policy grievance commenced by the Ontario Secondary School Teachers’ Federation was allowed on the basis that the School Board had breached its duty under the collective agreement when it failed to staff its classrooms with the requisite number of teaching positions.

Education Law

IPC Confirms MFIPPA Doesn’t Prevent School Boards from Relying on Information from OSR at Tribunal Hearing

  • October 07, 2016
  • Nicola Simmons and Maneet Sadhra

In two recent decisions, the Information and Privacy Commissioner of Ontario ruled that the Municipal Freedom of Information and Protection of Privacy Act regime did not prevent parts of a student’s Ontario Student Record from being used in Human Rights Tribunal of Ontario proceedings without a student’s or parent’s consent, despite confidentiality provisions in the Education Act.

Education Law

Exempting Children from Vaccinations: The Immunization School Pupils Act and its Amendment

  • October 03, 2016
  • Rebecca J. R. Hong

There are few paediatric health issues in recent memory more contentious than immunizations. Given the current trends of questioning the safety of vaccinations despite scientific evidence to the contrary, and as underscored by the outbreaks of measles in Ontario last year, the regulatory framework for recording and exempting immunizations in Ontario appears to require enhancement.

Health Law

Curriculum Expectations and Religious Accommodation

  • February 25, 2016
  • Nadya Tymochenko

On February 3, 2016, the Education Law Section of the Ontario Bar Association participated in the annual Institute. The theme of the three sessions was accommodation, and the second session, which was presented by Mr. Thomas McRae, the Vice-Chair of the Education Section, addressed the specific issue of curriculum expectations and religious accommodation.

Managing the Use of Medical Marijuana in Schools

  • February 25, 2016
  • Derrick Raphael

On Wednesday February 3, 2016, at the Ontario Bar Association’s Institute program, a session entitled “Managing the Use of Medical Marijuana” was held. This panel included Michael Lickver of Bennett Jones LLP and Dr. Danial Schecter of the Cannabinoid Medical Clinic. Both of these speakers discussed a variety of topics ranging from student privacy issues to accommodation conflicts under the Education Act when considering illegal drug possession.

Education Law

Accommodating Transgendered Students in the School Environment

  • February 25, 2016
  • Karina Pylypczuk

In the past several years, the issue of how to accommodate transgendered students in the school environment has been a topic of considerable debate. This month, at the 2016 OBA Institute, Wendy Lopez, counsel for the Toronto District School Board, presented on Providing an Inclusive Environment for Transgendered Students.

Education Law

Ontario Bar Association Program - School Boards Collective Bargaining Act: Eighteen Months Later

  • January 18, 2016
  • Tamar Ohanian

On November 25, 2015, the Ontario Bar Association’s program, “School Boards Collective Bargaining Act: Eighteen Months Later” was held. It involved a panel discussion about the impact of the School Boards Collective Bargaining Act, 2014, S.O. 2014 C.5 (the “SBCBA”), and the implications of the Ontario Labour Relations Board’s decision in Durham District School Board et al. v. Ontario Secondary School Teachers’ Federation et al., [2015] O.L.R.D. No. 1559.

Education Law

Consent to Disclose Ontario Student Records in Pupil Accommodation Cases at the HRTO

  • January 18, 2016
  • Elizabeth Winter

In S.L v. York Region District School Board, 2015 HRTO 1642, the Tribunal reviewed the confidentiality provisions in the Education Act regarding the Ontario Student Record (“OSR”). The Tribunal held that the OSR is a relevant document in cases alleging failure to accommodate a student and, generally, there is “no principled reason” for an applicant to withhold consent to the OSR, preventing the respondent from providing a response to the application.

Education Law