October 7, 2020 – OLRB Dismisses Unions’ Appeal of Province’s Back to School Plan

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OLRB Dismisses Unions’ Appeal of Province’s Back to School Plan

OSSTF et al v Her Majesty the Queen in Right of Ontario, 2020 CRTO

The Unions alleged that the Ministry of Education’s Guide to Re-opening Schools violated the Occupational Health and Safety Act (OHSA) and appealed the Ministry of Labour’s refusal to inspect and/or issue orders to the Ministry of Education under OHSA to correct the deficiencies of the Guide.

The OLRB dismissed the Unions’ appeals holding that it did not have jurisdiction to deal with them absent an inspection conducted by a Ministry of Labour inspector.

 

HUMAN RIGHTS

GS v Toronto Catholic District School Board, 2020 HRTO 703

The Applicant, a student who had socially transitioned to female and a minor, requested a confidentiality order after being advised that the Tribunal received a media inquiry regarding her Application.
The Tribunal granted a temporary confidentiality order to prevent the disclosure of the pleadings because it was satisfied that the Applicant’s personal information contained in the pleadings was of such a nature that avoiding disclosure outweighed the desirability of adhering to the principle that the record remains available to the public.

NM v Dufferin-Peel Catholic District School Board, 2020 HRTO 746

The Applicant, a high school student, requested an extension of the interim remedy he received for the 2019/2020 school year that ordered the School Board to provide the Applicant with a communication method called Spelling to Communicate (“S2C”) along with the Educational Resource Worker who worked with him in elementary school.
The Tribunal granted the request for an extension of the interim remedy for the 2020/2021 school year with modest changes because, without it, the Applicant would suffer significant harm.

 

PRIVACY

Board of Trustees of Edmonton School Division (Re), 2020 CanLII 61491

The Applicant made an access to information request under the Freedom of Information and Protection of Privacy Act to the School Division seeking information about herself and her son, a student.
The School Division disclosed some 1055 pages but withheld information under various exceptions set out in the Act. The Adjudicator found that the School Division failed to meet its duty to properly search for and provide all records responsive to the access request. The Adjudicator ordered the School Division to provide the Applicant with some of the information originally withheld.

 

ADMINISTRATIVE LAW

Southeast Collegiate Inc. v Laroque, 2020 FC 820

The Applicant, a high school for indigenous students in Manitoba, filed an Application for Judicial Review of an adjudicator’s finding that the Canada Labour Code applied to the employment relationship between the Applicant and the Respondent employee.
The Federal Court set aside the adjudicator’s decision, holding that he erred in finding that the parties’ employment relationship was under federal jurisdiction. The Federal Court held that the presumption of provincial authority over the Applicant’s employment relationship was not rebutted, and the Canada Labour Code did not apply.

 

MINISTRY OF EDUCATION INITIATIVES

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