April 1, 2021 – Obligation to wear a mask at school may fall within the jurisdiction of the HRTO

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Obligation to wear a mask at school may fall within the jurisdiction of the HRTO

CL as represented by his Litigation Guardian KL v. Toronto District School Board, 2021 HRTO 159

An Application regarding the requirement to wear a mask at school falls within the Human Rights Tribunal of Ontario’s jurisdiction when it relates to a student’s disability or any other protected ground under the Ontario Human Rights Code.

 

HUMAN RIGHTS

VJ v. Thames Valley District School Board, 2021 HRTO 149

The Human Rights Tribunal of Ontario may order the reimbursement of tuition fees for a private school, where a school board fails to accommodate a student’s needs to the point of undue hardship.

 

ADMINISTRATIVE LAW

South East Cornerstone School Division No. 209 v. Oberg, 2021 SKCA 28

The Court of Appeal of Saskatchewan confirms the ruling of the Queen’s Bench for Saskatchewan which vitiated the decision of the school board to demote the school principal and remove his duties because the school board breached its duty of procedural fairness.

To date, the decision has not been appealed to the Supreme Court of Canada.

 

LABOUR RELATIONS

Hamilton-Wentworth District School Board v. Elementary Teachers’ Federation of Ontario, 2021 CanLII 18496

The arbitrator found that the school board breached the Collective Agreement when it failed to provide appropriate preparation time for teachers assigned to virtual classrooms.

 

MINISTRY OF EDUCATION UPDATES

New regulations regarding Sign Language courses:

Ontario Offers New Sign Language Courses to Secondary Students