The applicant, a student with disabilities, sought judicial review of a Human Rights Tribunal decision that found the school board failed to accommodate him but denied his claim for special damages covering private school tuition.
The Divisional Court held that while it was reasonable to deny tuition costs for subsequent years because the parent removed the student from the public system without giving the board a further chance to accommodate, it was unreasonable to deny tuition costs for the remainder of the Grade 9 year when the board had completely failed to provide support.
The application was granted in part and remitted to the Tribunal to assess special damages for the Grade 9 year.
