ONTARIO SPECIAL EDUCATION (ENGLISH) TRIBUNAL
B E T W E E N:
F.Y. and L.B Appellants
-and-
Toronto District School Board Respondent
DECISION
Adjudicator: Noeline Paul Date: December 21, 2020 Citation: 2020 ONSET 3 Indexed as: F.Y. and L.B. v. Toronto District School Board
WRITTEN SUBMISSIONS
F.Y. and L.B., Appellants Frances Marinic, Counsel
Toronto District School Board, Respondent Ely-Anna Hidalgo-Simpson, Counsel
Introduction
1The Appellants initiated an appeal to the Ontario Special Education (English) Tribunal (the “OSET”) on June 12, 2020 pursuant to section 57(3) of Education Act, R.S.O. 1990, c.E.2 (“EA”). The Respondent subsequently argued that the OSET did not have jurisdiction to consider this appeal on the basis that (1) the Appellants had not exhausted all remedies before coming to the OSET and (2) the Appellants were not pursuing an appeal based on identification or placement of a student, as required under the law. The Appellants were provided an opportunity to respond to the jurisdictional issue and they maintain that they fall within the legislative mandate of the OSET to consider this appeal.
Issues
2The issue before me is whether the OSET has jurisdiction to consider this appeal pursuant to section 57(3) of the [EA](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e2/latest/rso-1990-c-e2.