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)
[1] The 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.
[2] He 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.
[3] The 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.
[4] We all agree that the position taken by the respondent is not unreasonable.
[5] The mother also sought deletion of the ORC records of B. (R.). We are of the opinion that this is not yet appropriate.
[6] The application is dismissed.
[7] We 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