TL

The appellant appealed the expulsion of her 7-year-old son, who has Autism Spectrum Disorder, from his French immersion school following a physical assault on an educational assistant that resulted in a concussion and PTSD.

The Child and Family Services Review Board considered whether mitigating factors, such as the pupil's inability to control or understand the consequences of his behaviour, rendered the expulsion inappropriate.

The Board found that while the pupil could not control his behaviour, his continuing presence in the school created an unacceptable risk to the safety of staff and students.

The Board confirmed the expulsion, noting that the school board had made extensive efforts to accommodate the pupil and that a fresh start in an English-language program would likely be beneficial.

The applicant, an eight-year-old with severe pre-existing disabilities, was struck by a vehicle and sustained a traumatic brain injury.

He applied for a determination of catastrophic impairment under s. 3(2)(d)(ii) of the Statutory Accident Benefits Schedule, arguing that the accident significantly increased his dependency and need for daily support.

The respondent argued that the accident did not exacerbate his pre-existing impairments.

The Tribunal found the applicant's evidence, including his mother's testimony and the Omega Medical Associates assessment, more compelling.

The Tribunal concluded that the applicant's condition worsened significantly after the accident, increasing his dependencies, and deemed him catastrophically impaired.