[27] Ontario has no obligation to fund private religious schools: Cooper v. Ontario (Attorney General) (2009), 2009 CanLII 92113 (ON SCDC), 99 OR (3d) 25, para. 10 (Div. Ct.); Adler v. Ontario, [1996] 3 SCR 60. This principle being clear, the applicants have not identified any basis on which they had any right to receive funding, let alone a right that has been denied them in an unlawful or arbitrary manner. The authorities relied upon by the applicants afford them no assistance on this point. The arbitrary distinction in Tesla Motors Canada ULC v. Ontario (Ministry of Transportation), 2018 ONSC 5062 was drawn between private manufacturers, not between publicly funded institutions and private businesses and non-profit entities. The unlawful decision in Re Doctors Hospital and Minister of Health et al., 1976 CanLII 739 (ON SC), [1976] 12 O.R. (2d) 164 (Div. Ct.) was a decision made without jurisdiction to close an existing publicly funded hospital. The distinction drawn in this case – between publicly funded schools and private schools, is entrenched in Ontario law.
The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.
