Ontario Special Education (English) Tribunal
B E T W E E N:
HC
Appellant
-and-
Toronto District School Board
Respondent
INTERIM DECISION
Adjudicators: Catherine Bickley
Indexed as: HC v. Toronto District School Board
Introduction
1This is an Appeal to the Ontario Special Education Tribunal (English) (“the Tribunal”) pursuant to Section 57 of the Education Act, R.S.O. 1990, c.E.2 (“the Act”), challenging the placement of the Appellant’s child, RC.
background
2On January 14, 2026, the Tribunal issued an Interim Decision directing that the Appeal proceed to a hearing on the merits. The Tribunal also directed the parties to confirm their availability for specific April 2026 dates for the continuation of the hearing.
3The Respondent provided its availability. The Appellant did not. Instead, he provided notice that he intended to make a motion seeking a stay of the Tribunal’s proceeding while he seeks leave to appeal to the Court of Appeal for Ontario (“Court of Appeal”) from the Divisional Court’s dismissal of his judicial review of an earlier Interim Decision of the Tribunal.
4The Appellant has requested that the Tribunal not schedule hearings until the Court of Appeal has decided his application for leave to appeal.
5The Tribunal directed the Appellant to provide written submissions on his motion by January 30, 2026. He did not. Instead, on February 5, 2026, he wrote to the Tribunal stating that the has also brought a motion before the Court of Appeal seeking a stay of the Tribunal’s proceedings. He again requested that the Appeal not proceed.
analysis
6The Appellant has not sought judicial review of the January 14, 2026 Interim Decision. The appeal which he hopes to bring before the Court of Appeal is of the Divisional Court’s dismissal of a June 2025 Interim Decision of the Tribunal.
7In November 2025, the Court of Appeal dismissed the Appellant’s request for a stay of related Divisional Court proceedings. In doing so, the Court of Appeal concluded that “there is no merit to his potential appeal or a reasonable prospect that leave will be granted given the prematurity of the appeal.”
8It is in the interests of RC that this matter proceed without delay to a hearing on the merits so that the Tribunal can determine the appropriate special education placement in RC’s best interest.
order
9The Appellant’s motion for a stay of this proceeding is dismissed.
10The hearing will continue on April 14, 2026.
Robert Patchett
Robert Patchett
Vice-Chair
Catherine Bickley
Catherine Bickley
Vice-Chair