Court File and Parties
CITATION: Wilson v. Toronto Catholic District School Board, 2018 ONSC 684
DIVISIONAL COURT FILE NO.: 599/17
DATE: 20180131
ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
KEEGAN WILSON, a minor by his litigation guardian Christine Eugene and CHRISTINE EUGENE
Applicants
– and –
TORONTO CATHOLIC DISTRICT SCHOOL BOARD and MICHAEL CACCAMO
Respondents
Counsel:
Jesse Mark and Andrea Luey, for the Applicants
Baktash Waseil, for the Respondents
HEARD at Toronto: January 19, 2018
Reasons for Judgment
c. horkins J.
[1] The applicants bring this motion for an interim order staying the respondents’ decision to transfer Keegan Wilson (“Keegan”) from Dante Alighieri Academy Catholic Secondary School (“Dante”) to another school within the Toronto Catholic District School Board (“Board”).
[2] The relevant facts are as follows. On April 28, 2017, the Vice Principal of Dante learned that there was a fight outside of the school. She found a student visibly shaken with his shirt ripped and scratches and bumps on his body. The student reported that he had been assaulted by Keegan and two other students and that Keegan had taken his glasses and thrown them away. The three students were suspended pending the school’s investigation.
[3] On May 4, 2017, after the school had completed its investigation, the Principal at Dante made a decision to impose a five day suspension and transfer Keegan to another school. The Principal imposed the transfer to protect the physical and mental well-being of the victim who continued to attend Dante.
[4] On May 9, 2017, the principal communicated her decision to the applicant Christine Eugene, Keegan’s aunt and legal guardian at the time (Keegan is now 18 years old).
[5] In September, 2017, the applicants requested a review of the Principal’s decision. As a result, a meeting was held with the respondent, Michael Caccamo, Dante’s Superintendent. The applicants made submissions at this meeting to support their position that Keegan should be entitled to return to Dante immediately.
[6] The Superintendent provided his decision in a four page letter dated September 29, 2017 (the “Superintendent’s decision”). The Superintendent’s decision upheld the Principal’s decision to transfer Keegan.
[7] On October 16, 2017, the applicants issued an application seeking judicial review of the Superintendent’s decision. A hearing for this application is set for April 2018.
[8] On or about October 23, 2017, Keegan began attending Bishop Marrocco/Thomas Merton Catholic Secondary School where he is in Grade 12. He remains at this school today.
[9] The motion for an interim stay is dismissed for two reasons.
[10] First, there is no decision to stay because the Board transferred Keegan to another school last year.
[11] Second, this motion, in effect, seeks the same relief that the applicants request in their application for judicial review: they want Keegan to be returned to Dante immediately. This relief must be considered by the panel in April and not by a single judge of the Divisional Court.
[12] The parties have agreed that the costs of this motion shall be decided by the panel hearing the judicial review application.
___________________________ C. Horkins J.
Released: January 31, 2018
CITATION: Wilson v. Toronto Catholic District School Board, 2018 ONSC 684
DIVISIONAL COURT FILE NO.: 599/17
DATE: 20180131
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
KEEGAN WILSON, a minor by his litigation guardian Christine Eugene and CHRISTINE EUGENE
Applicants
– and –
TORONTO CATHOLIC DISTRICT SCHOOL BOARD and MICHAEL CACCAMO
Respondents
REASONS FOR JUDGMENT
C. Horkins J.
Released: January 31, 2018