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 ...

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 ...