Judgment – Decision to Expel the Student

Justice Marvin Zuker, co-facilitator with Mr. Alan Wolfish QC, of our last conference in Toronto on Legal Rights & Obligations of Public & Private/Independent Schools, has asked me to make schools aware of a new judgment regarding a legal challenge faced by a private school in Ontario.

Here is the case overview:

[1] This is an application by a student and his parents for judicial review of a decision to expel the student after he admitted to smoking marijuana in a friend’s dormitory room the night before the final day of his sixth and final year. This is a private co-educational school created by a Special Act of the Ontario Legislature in 1911.

[2]  There are no material facts in dispute.  The issues are: (i) whether the court has jurisdiction to judicially review the decision to expel the student and deny him his School Diploma; and, if so, (ii) whether the expulsion decision should be quashed and what other relief, if any, should be granted.

Click here to download the full text of the decision.