The Applicant mother of a suspended student unsuccessfully applied for judicial review of the Respondent Board’s decision to suspend the student for 15 days

23. July 2013 0
Administrative law – Decisions of administrative tribunals – School boards – Notice requirements – Schools – Suspension of students – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation Parsons v. Chignecto-Central Regional School Board, [2013] N.S.J. No. 282, 2013 NSSC 170, Nova Scotia Supreme Court, June 4, 2013, P.J. ...

The Applicants, two high school students, unsuccessfully applied for judicial review of their private school’s decision to expel them for marijuana use

27. March 2012 0
Administrative law – Decisions of administrative tribunals – School boards – Schools – Suspension of students – Judicial review – Compliance with legislation – Jurisdiction of court – No reasonable cause of action W.W. v. Lakefield College School, [2012] O.J. No. 375, 2012 ONSC 577, Ontario Superior Court of Justice, January 27, 2012, P. Lauwers J. The Applicants ...

The Kawartha Pine Ridge District School Board (the “School Board”) was unsuccessful on application for judicial review of the Child and Family Services Review Board’s decision to quash the School Board’s decision expelling a student who had smoked marijuana

25. May 2010 0
Administrative law – Decisions of administrative tribunals – School prinicipal – School boards – Schools – Suspension of students – Judicial review – Compliance with legislation – Mootness – Standard of review – Reasonableness simpliciter Kawartha Pine Ridge District School Board v. Grant, [2010] O.J. No. 1093, 2010 ONSC 1205, Ontario Superior Court of Justice, ...

The Court dismissed the appeal by the Human Rights Commission (the “Commission”) from a decision of the Human Rights Tribunal finding that the complainant’s disciplinary suspension from school for profanity did not constitute discriminatory conduct. Although the complainant suffered from Williams Syndrome and was mentally retarded, there was no evidence to show that profanity was a characteristic common to persons with Williams Syndrome and suspensions were regularly used by the school as a form of discipline and 8 to 10 students would be suspended during any school year. As long as suspensions were used in a non-discriminatory manner, they were permissible and no prima facie case of discrimination had been made out.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Schools – Suspension of students – Human Rights complaints – Discrimination – Disability – Judicial review – Standard of review – Correctness – Evidence Saskatchewan (Human Rights Commission) v. Prince Albert Roman Catholic School Division No.6, [2008] S.J. No. 434, 2008 SKQB 227, ...

The application by two students (“K.B.” and “T.M.”) for judicial review seeking to quash the decision of the respondent principal of Emery Collegiate (the “Principal”) to remove the students from Emery Collegiate and transfer them to another school was dismissed where the Court found that the Principal had jurisdiction to transfer the students to another school after a suspension had been imposed based on concerns for the safety of other students

25. March 2008 0
Administrative law – Decisions of administrative tribunals – School principal – Investigations – Schools – Powers – Suspension of students – Transfer of students – Judicial review – Jurisdiction – Standard of review – Correctness – Patent unreasonableness – Procedural requirements and fairness – Natural justice – Compliance with legislation – Charter of Rights and ...