COURT FILE NO.: 237/08
DATE: 20080910
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWARTH, WILSON AND KARAKATSANIS JJ.
B E T W E E N:
ROBERT WEIDENFELD, JOEL WEIDENFELD, a minor, By his Litigation Guardian Robert Weidenfeld
Plaintiffs (Applicants)
- and -
YORK REGION DISTRICT SCHOOL BOARD, WILLIAM HOGARTH, Director of Education, ROBERT HARPER, Coordinating Superintendent of Education, CHRIS MCADAM, Superintendent of Education, JOHN CHARLTON, Principal of Denison Secondary School, KELLY BOIKO, Psychologist, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the MINISTER OF EDUCATION, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the PREMIER OF ONTARIO
Defendants (Respondents)
Robert Weidenfeld, In Person
Bruce C. Ellis, for the Respondent, Her Majesty the Queen in Right of Ontario
HEARD at Toronto: September 10, 2008
CARNWATH J.: (Orally)
[1] The motion for leave to appeal is denied.
[2] Mr. Weidenfeld fairly concedes that if he is to succeed, he must persuade us that Swinton J. declined jurisdiction, as more particularly set out in Universal Am-Can Ltd. v. Tornorth Holdings Ltd., [2003] O.J. No. 4063 (Div. Ct.).
[3] We find she did not decline jurisdiction. Firstly, she did not act on a wrong principle. She found no conflict between the United States cases cited by Mr. Weidenfeld and the matter before her, as there were differing statutory regimes.
[4] Secondly, she applied the proper test as set out in s.62.02(4) of the Rules of Civil procedure, as she was required to do.
[5] Thirdly, she disagreed with Mr. Weidenfeld on the question of what he described as his statutory parental rights under the Education Act. She considered both the Act at the time of Bryant J.’s decision and also the subsequent amendments. Disagreement does not constitute the decline of jurisdiction.
[6] Fourthly, as Mr. Weidenfeld again fairly concedes, she gave him every opportunity to be heard.
COSTS
[7] No order as to costs.
CARNWATH J.
WILSON J.
KARAKATSANIS J.
Date of Reasons for Judgment: September 10, 2008
Date of Release: September 15, 2008
COURT FILE NO.: 237/08
DATE: 20080910
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWARTH, WILSON AND KARAKATSANIS JJ.
B E T W E E N:
ROBERT WEIDENFELD, JOEL WEIDENFELD, a minor, By his Litigation Guardian Robert Weidenfeld
Plaintiffs (Applicants)
- and -
YORK REGION DISTRICT SCHOOL BOARD, WILLIAM HOGARTH, Director of Education, ROBERT HARPER, Coordinating Superintendent of Education, CHRIS MCADAM, Superintendent of Education, JOHN CHARLTON, Principal of Denison Secondary School, KELLY BOIKO, Psychologist, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the MINISTER OF EDUCATION, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the PREMIER OF ONTARIO
Defendants (Respondents)
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: September 10, 2008
Date of Release: September 15, 2008