4 total
Costs of $15,000 awarded to successful respondent following dismissal of judicial review application.
Following the dismissal of the applicant's application for judicial review, the court determined the issue of costs.
The court rejected the applicant's argument that he was a public interest litigant and applied the presumption that a successful party is entitled to costs.
Costs were fixed in favour of the respondent on a partial indemnity basis in the amount of $15,000 all-inclusive.
Judicial review of student's suspension for harassing transgender students dismissed; religious freedom does not excuse bullying.
The applicant, a high school student, sought judicial review of a school board committee's decision upholding his 20-day suspension and subsequent exclusion orders.
The discipline was imposed after the applicant made derogatory and harassing comments regarding transgender students, which he claimed were expressions of his sincerely held religious beliefs.
The Divisional Court dismissed the application, finding the committee's decision reasonable as it appropriately balanced the applicant's freedom of religion with the school's statutory duty to maintain a safe environment free from bullying and harassment.
A minor student who voluntarily withdrew from parental control with his parents' consent has standing to appeal his school suspension.
A 17-year-old student, Josh Alexander, sought to appeal suspension and exclusion decisions by his school principal to the Renfrew County Catholic District School Board.
The Education Act requires a parent or guardian to appeal for a student of his age unless the student has withdrawn from parental control.
Josh asserted he had withdrawn from parental control, a position supported by his parents, but the School Board refused him standing, citing insufficient objective evidence.
The court found that Josh Alexander had indeed withdrawn from parental control as of December 22, 2022, and therefore had the necessary standing to advance his appeals to the School Board.
The decision clarified that financial independence is not a prerequisite for withdrawal from parental control, especially when parents voluntarily continue to support their independent adult children.
Motion for leave to appeal dismissed with costs fixed at $5,000.
The moving parties brought a motion for leave to appeal the order of Pollak J. dated May 10, 2021.
The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party fixed at $5,000.
