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Education - Review. Kaplan-Myrth v. Ottawa Carlton District School Board
In Kaplan-Myrth v. Ottawa Carlton District School Board (Div Court, 2024) the Divisional Court dismissed a school board trustee's JR against a school board.
Here the court sets out the SOR for professional disciple (here applied to a school board trustee):[36] With respect to decisions imposing sanctions, the court must defer to the Board unless the Applicant establishes an error in principle or that the sanctions are clearly unfit Khan v. Law Society of Ontario, 2022 ONSC 1951, at para. 77.
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[89] As set out above, with respect to decisions imposing sanctions, the court must defer to the Board unless the Applicant establishes an error in principle or that the sanctions are clearly unfit, that is, the Applicant must show that it “manifestly is deficient or excessive and is a substantial and marked departure from penalties in similar cases”: see Khan v. Law Society of Ontario, 2022 ONSC 1951, at para. 77; Del Grande, at para. 88.
[90] The sanctions provided for by the Board are provided for under s. 218.3(3) of the Act and are similar to sanctions given in other cases. There was no censure or apology required. The sanctions were not excessive or disproportionate.
[91] The Applicant has failed to meet her burden in establishing that that in the sanctions meted out by the Board, there was an error in principle or that the sanctions were clearly unfit.
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