The appellants brought an application seeking public funding for Jewish day schools in Ontario, arguing that the failure to provide such funding violates their Charter rights.
Ontario successfully moved to strike the application on the basis that the Supreme Court of Canada's decision in Adler v. Ontario definitively resolved the issue.
On appeal, the appellants argued there was a reasonable prospect of revisiting Adler under the Bedford/Carter test due to new evidence of antisemitism and developments in international and constitutional law.
The Court of Appeal dismissed the appeal, holding that the proposed new evidence did not fundamentally shift the parameters of the debate in Adler, and that s. 93 of the Constitution Act, 1867 remains a comprehensive code for denominational school rights.
