Court File and Parties
COURT FILE NO.: 10/06
DATE: 20060424
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, EPSTEIN AND SWINTON JJ.
B E T W E E N:
NASIM ISMAIL Applicant
- and -
THE TORONTO DISTRICT SCHOOL BOARD Respondent
Counsel: B. Joseph Villeneuve, for the Applicant Christopher Riggs and Casey M. Picard, for the Respondent Jennifer Scott, for the Ontario Special Education (English) Tribunal
HEARD at Toronto: April 24, 2006
Oral Reasons for Judgment
CARNWATH J.: (Orally)
[1] The panel has considered, by way of preliminary, the Order of Wilson J. and the preparation of the new assessment that took place following the hearing before the tribunal. The panel’s conclusion is, that if the panel is to hear this application for judicial review we cannot, of course have that material before us, nor can it form part of any of the submissions of counsel.
[2] Counsel for the applicant submits that, in the face of our conclusion that the new assessment cannot be dealt with by the panel, counsel would prefer to proceed with the application for judicial review. Mr. Riggs, you agree with that as well.
[3] We will proceed with the application for judicial review. The assessment flowing from the Order of Wilson J., will not form part of the material before us.
CARNWATH J.
EPSTEIN J.
SWINTON J.
Date of Reasons for Judgment: April 24, 2006
Date of Release: May 1, 2006
COURT FILE NO.: 10/06
DATE: 20060424
ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, EPSTEIN AND SWINTON JJ.
B E T W E E N:
NASIM ISMAIL Applicant
- and -
THE TORONTO DISTRICT SCHOOL BOARD Respondent
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: April 24, 2006
Date of Release: May 1, 2006