An application brought by way of judicial review to quash a school closing bylaw was dismissed as the Court held that the process of closing the school was, as a whole, fundamentally fair and the Petitioners had adequate opportunity to consult with the School Board before the final decision was made to close the school

22. November 2005 0
Administrative law – Schools – Closures – Parental rights – Decisions of administrative tribunals – School boards – Judicial review – Procedural requirements and fairness Kelley v. Saanich School District No. 63, [2005] B.C.J. No. 1952, British Columbia Supreme Court, September 9, 2005, Sigurdson J. An application was brought by way of judicial review to quash a ...

It was not unreasonable for the Special Education Tribunal to refuse to provide the Applicant’s son with an intensive behavioural intervention program on the basis that such a program was medical treatment and not education

26. July 2005 0
Administrative law – School boards – Powers and duties – Parental rights – Special programs for autistic children – Decisions of administrative tribunals – Special Education Tribunal – Judicial review – Standard of review – Reasonableness simpliciter Clough (Litigation Guardian of) v. Simcoe County District School Board, [2005] O.J. No. 2124, Ontario Superior Court of Justice, May ...

The rigid application of In-Home Treatment Program guidelines, to the exclusion of the consideration of a family’s particular circumstances, amounted to an unreasonable exercise of discretion by the Defendant

24. August 2004 0
Administrative law – School boards – Powers and duties – Discretion of delegated authority – Special programs for autistic children – Funding – Guidelines – Judicial review – Administrative decisions – Standard of review – Reasonableness simpliciter – Remedies – Statutory provisions Dassonville-Trudel (Guardian ad litem of) v. Halifax Regional School Board, [2004] N.S.J. No. 241, Nova ...

The Lunenburg County District School Board (the “School Board”) appealed the decision of the Supreme Court quashing a decision by the Board of Appeal dismissing a teacher (“Haché”) charged with sexual offences against his students. The Court of Appeal dismissed the appeal holding that the evidence relied on by the Board of Appeal was not capable of supporting the evidence of the complainants.

25. May 2004 0
Administrative law – Teachers – Disciplinary proceedings – Decisions of administrative tribunals – School boards – Judicial review – Procedural requirements and fairness – Evidence – Witnesses Haché v. Lunenburg County District School Board, [2004] N.S.J. No. 120, Nova Scotia Court of Appeal, March 30, 2004, Glube C.J.N.S., Freeman and Cromwell JJ.A. In 1995, the School Board ...

An appeal by the litigation guardian of a student (“Zachary”) from the Order of a trial judge dismissing an application for judicial review of the School Board’s decision to transfer Zachary to a different school for safety reasons while an appeal from the decision to change his placement under provisions relating to exceptional pupils was still outstanding. The Ontario Court of Appeal dismissed the appeal as moot.

24. June 2003 0
Administrative law – School boards – Transfer of students – Safety of students – Judicial review application – Mootness Bonnah (Litigation guardian of) v. Ottawa-Carleton District School Board, [2003] O.J. No. 1156, Ontario Court of Appeal, April 8, 2003, Doherty, Austin and Charron JJ.A. The court stated that it would not normally hear moot appeals, but ...

The majority of the Supreme Court of Canada allowed the appeal of a B.C. Court of Appeal decision setting aside the decision of the B.C. Supreme Court which quashed a school board resolution declining to approve three books depicting same-sex parented families as supplementary learning resources for use in kindergarten/grade one classrooms. The majority concluded that the School Board’s decision was unreasonable in the context of the educational scheme laid down by the legislature. The question whether the books should be approved as supplementary learning resources was remanded to the Board’s consideration according to the criteria laid out in the curriculum guidelines and the broad principles of tolerance and non-sectarianism underlying the School Act, R.S.B.C. 1996, c. 412.

28. January 2003 0
Administrative law – School boards – Powers and duties – Selection of books – Statutory provisions – Judicial review – Standard of review – Reasonableness Chamberlain v. Surrey School District No. 36, [2002] S.C.J. No. 87, Supreme Court of Canada, December 20, 2002, McLachlin C.J. and L’Heureux-Dubé, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ. ...

The Corporation of Schreiber and concerned residents brought an application seeking judicial review of a decision by the local School Board to close a high school located in the town. The court dismissed the application for judicial review holding that the Applicants had not met the burden of establishing that the Board had committed a procedural error in reaching its decision to close the school that was so fundamental that it affected the basis of the Board’s decision.

24. September 2002 0
Administrative law – Schools – Closures – School boards – Jurisdiction – Boards and tribunals – Procedural fairness – Judicial review application Schreiber (Township) v. Superior Greenstone District School Board, [2002] O.J. No. 3303, Ontario Superior Court of Justice, Divisional Court – Thunder Bay, Ontario, August 23, 2002, Kozak J. Lake Superior High School has two campuses, one ...

Parents of children attending a French Immersion school failed in their application seeking to overturn a decision to close the school, as the court found that the school board did not breach its duty of procedural fairness in deciding to close the school

27. August 2002 0
Administrative law – Schools – Closures – School boards – Jurisdiction – Boards and tribunals – Procedural fairness MacGregor v. Halifax Regional School Board, [2002] N.S.J. No. 334, Nova Scotia Supreme Court, July 17, 2002, Coughlan J. The school board voted to close École Beaufort, a school providing French immersion education. The Applicants, parents of children attending ...