TDSB Discriminated Against Student with Mental Health Disability
- January 22, 2016
A while ago, bakerlaw accepted a client who had a mental health disability and had to be removed from a Toronto District School Board school because it was not providing him with the supports and accommodations he required.
In this case, the Tribunal found that the TDSB discriminated against a student by failing to provide him with the support that he needed for his anxiety and depression.
Recently, Bakerlaw has requested the Human Rights Tribunal (HRTO) reconsider its decision in LB v Toronto District School Board, 2015 HRTO 1622. To review the case click here (link). To see a redacted version of the reconsideration application click here (link). While the Tribunal found that the student had been discriminated against, it unfortunately, failed to award damages for the student’s private school tuition. Bakerlaw has requested that the Tribunal reconsider its decision on this category of damages, and has argued that the Tribunal’s decision is inconsistent with the Supreme Court of Canada’s precedent in Moore v British Columbia (Education), 2012 SCC 61. To read the Moore case click here (link).
Bakerlaw is awaiting the Tribunal’s decision on this reconsideration application.
– This post is current as of the time of writing. Readers should not rely on this post as legal advice. –