Articles

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

Editor: Kimberley Ishmael

Today
Today

A Pre-Summer Education Law Round-up

  • May 27, 2021
  • Jean-Frédéric Hübsch

Here’s a quick look at news and resources related to education law that made headlines in the past few months.

Education Law, Student Forum

A Thank You from the Education Law Section Chair

  • May 18, 2021
  • Jean-Frédéric (J-F) Hübsch

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.

Education Law

Court of Appeal Finds University Discriminated Against Disabled Student

  • March 22, 2021
  • Tawanda Masimbe, Filion Wakely Thorup Angeletti LLP

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.

Education Law, Student Forum

Family Law Amendments and Significance for Educators

  • March 22, 2021
  • Kimberley Ishmael, Keel Cottrelle LLP, and Shamim Fattahi, Algieri-Boileau Legal

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.

Education Law, Student Forum

Ontario Court of Appeal Affirms that University Discriminated by Relying Exclusively on Grades-based Admissions Standards Where Applicant’s Grades Resulted from Unaccommodated Disabilities

  • February 06, 2021
  • Anna Rosenbluth

In Longueépée v. University of Waterloo, 2020 ONCA 830, the Ontario Court of Appeal held that the University of Waterloo had discriminated against Roch Longueépée when it refused him admission on the basis of his previous grades, which were the result of undiagnosed and unaccommodated disabilities. This decision is significant not only for its contribution to human rights jurisprudence, but also for how it applies the administrative law principles set out by the Supreme Court in Vavilov.

Education Law, Student Forum