Schooled by the BCSC for Prematurity

17. May 2022 0
Administrative law – Decisions reviewed – Human Rights Tribunal – Judicial review application – Premature – Remedies – Interlocutory injunctions – Schools and school boards – Discrimination Independent School Authority v. Parent, [2022] B.C.J. No. 623, 2022 BCSC 570, British Columbia Supreme Court, April 7, 2022, W.A. Baker J. The petitioners, a private school, seek ...

The appellant Loyola High School successfully appealed a decision of the respondent Minister of Education, Recreation and Sports. Loyola had been refused for an exemption so it had to implement a mandatory program on ethics and religious culture

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Judicial review – Schools and school boards – Charter of Rights and Freedoms – Freedom of Religion Loyola High School v. Quebec (Attorney General), [2015] S.C.J No. 12, 2015 SCC 12, Supreme Court of Canada, March 19, 2015, McLachlin C.J. and LeBel, Abella, Rothstein, ...

The application by a group of students for an injunction pending the hearing of their application for judicial review of a decision of the respondent District School Board of Niagara (the “Board”) to close the Niagara District Secondary School (“NDSS”) was dismissed where the Court found that the delay in bringing the injunction application was too great and this was not a strong case where an injunction would be rightly granted

23. November 2010 0
Administrative law – Decisions of administrative tribunals – School boards – Schools and School boards – Closures – Judicial review – Delay – Remedies – Injunctions – Test Friends of Niagara District Secondary School v. Niagara District School Board, [2010] O.J. No. 3932, 2010 ONSC 4756, Ontario Superior Court of Justice, September 9, 2010, L.K. ...

The BC Public School Employers’ Association (“BCPSEA”) was unsuccessful in appealing from an arbitrator’s decision to the effect that the British Columbia Teachers’ Federation (“BCTF”) was justified in taking a grievance from the decision of the School Boards to advise teachers that they were not to post materials on teacher bulletin boards or to distribute documents to parents regarding issues of class size that were the subject of collective bargaining negotiations between the BCTF and the BCPSEA

27. September 2005 0
Administrative law – Schools and school boards – Powers – Teachers – Labour law – Arbitration – Decisions of administrative tribunals – Labour and employment boards – Charter of Rights – Freedom of expression – Remedies – Charter relief British Columbia Public School Employers’ Association v. British Columbia Teachers’ Federation, [2005] B.C.J. No. 1719, British Columbia Court of Appeal, ...