Court File and Parties

Court File No. 106/04

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

BETWEEN:

HALTON DISTRICT SCHOOL BOARD

(Applicant)

• and -

ONTARIO SPECIAL EDUCATION (ENGLISH) TRIBUNAL and JENNIFER KERR and GREG HLUSKO

(Respondent)

Handwritten Endorsement

The Canadian Foundation for Children, Youth and the Law (Foundation) applies under Rule 13.02 of the Rules of Civil Procedure for leave to intervene as a friend of the Court for the purpose of rendering assistance to the court by way of argument.

In an undated consent, filed, counsel for the Respondents, Jennifer Kerr and Gregory Hlusko, consent. Counsel for the A.G. (Ont.), in a June 3, 2004 letter to the Foundation, filed, “takes no position” and counsel for the Applicant, Halton District School Board neither consents nor opposes the application in his June 8, 2004 letter, filed. Counsel for the Ontario Special Education (English) Tribunal, although served on June 11, 2004 with the Foundation’s material, has not responded.

In view of the material filed, leave is granted to the Foundation to intervene as a friend of the court to assist by way of argument on the issue: whether the Respondent, Ontario Special Education (English) Tribunal, has the jurisdiction to order a placement that is not set out in the Halton District School Board’s special education plan.

J.G.J. O’Driscoll J.

June 28, 2004