The Child and Family Services Review Board brought a motion to quash an application for judicial review commenced by the Toronto District School Board regarding a student's suspension and expulsion.
The motion was brought on the grounds of mootness and undue delay.
The Divisional Court granted the motion, finding that the school board's 23-month delay in commencing and perfecting the application was excessive, unexplained, and prejudicial to the tribunal.
Furthermore, the court held that the underlying dispute had been settled, rendering the application moot, and declined to exercise its discretion to hear the case.
