Articles 2023

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.

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.

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.

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.

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.

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.

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.

The article summarizes an interview with Diana Cooke, Director, Children and Youth Unit at the Ontario Ombudsman.

The Government of Ontario recently proposed significant changes for the education sector in Bill 98, the Better Schools and Student Outcomes Act, 2023. This article reviews some of the most significant proposed amendments to the Education Act and other statutes.