Casey M. Picard

The applicant mother sought judicial review of a decision by the Ontario Special Education (English) Tribunal, which upheld the school board's placement of her son, an exceptional student with Down's Syndrome, in a special education class for half the day.

The mother preferred full-time placement in a regular class with one-to-one support.

The Divisional Court determined the standard of review was reasonableness and found the Tribunal's decision was reasonable and in the child's best interests.

The Court held that total integration would work to the student's disadvantage and dismissed the application.

The applicant sought judicial review of a decision by the Ontario Special Education (English) Tribunal.

As a preliminary matter, the Divisional Court ruled that a new assessment prepared following the tribunal hearing could not be considered on the application for judicial review.

Both parties agreed to proceed with the application without the new assessment.