Court File and Parties
COURT FILE NO.: 411/06 DATE: 2006-09-11
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Before: Brockenshire, E. Macdonald and Cameron JJ.
B E T W E E N:
B. (R.) by his litigation guardian B.(A.) Applicant
- and -
TORONTO CATHOLIC DISTRICT SCHOOL BOARD Respondent
Counsel: Martha Cook, for the Applicant Kelly A. Charlebois, for the Respondent
HEARD: September 11, 2006
Oral Reasons for Judgment
CAMERON J.: (Orally)
Background
1The applicant makes an application for judicial review of the decision of the respondent to exclude B. (R.) from St. Denis school for the grade three 2005-2006 school year and that another placement would be more appropriate.
2He attended Montessori School in 2005-2006. Reports and a letter indicated he displayed none of this disruptive behaviour which led to 13 suspensions. His mother renewed her request for admission to St. Denis in the 2006-2007 school year. However, the Board in effect continued the exclusion order despite receiving the information from Montessori. The child is now 9 and in grade 4 and his mother wishes him to be accepted into a regular class at St. Denis.
3The position of the Board, made clear in submissions before us, is that it will provide an education but requires an assessment prior to deciding on placement in either a regular class or a special class. They will accept him now in a “section 20”, exceptional pupil class pending the assessment. However, the mother will not consent to this.
Analysis
4We all agree that the position taken by the respondent is not unreasonable.
5The mother also sought deletion of the ORC records of B. (R.). We are of the opinion that this is not yet appropriate.
Disposition
6The application is dismissed.
Costs
7We do not think this is a case for costs.
CAMERON J.
BROCKENSHIRE J.
E. MACDONALD J.
Date of Reasons for Judgment: September 11, 2006 Date of Release: September 15, 2006
COURT FILE NO.: 411/06 DATE: 20060911
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Before: Brockenshire, E. Macdonald and Cameron JJ.
B E T W E E N:
B. (R.) by his litigation guardian B.(A.) Applicant
- and -
TORONTO CATHOLIC DISTRICT SCHOOL BOARD Respondent
ORAL REASONS FOR JUDGMENT
CAMERON J.
Date of Reasons for Judgment: September 11, 2006
Date of Release: September 15, 2006