Case Decisions and Reports Connected to Education


I have added a new page under Education Advocacy and this it it!

These are some of the cases and reports that have crossed my path. This is not a list of the ONLY cases. To search for cases go to CANLII

For step by step instructions on HOW to search click HERE and scroll to the lower part of the page.


Advocacy Fatigue: Self-care, Protest, and Education Equity 2015 CanLIIDocs 212

Canadian Human Rights Commission, Left Out: Challenges faced by persons with disabilities in Canada’s schools, Canadian Human Rights Commission, 2017 CanLIIDocs 3489

CASES – In BC and across Canada

Moore v. British Columbia (Education), 2012 SCC 61 (CanLII), [2012] 3 SCR 360

Hewko v. B.C., 2006 BCSC 1638 (CanLII)

School District No. 44 (North Vancouver) v. Jubran, 2005 BCCA 201 (CanLII)

Independent School Authority v Parent, 2022 BCSC 570 (CanLII)

Board of Education of School District No 43 (Re), 2013 BCIPC 20 (CanLII)

British Columbia (Education) (Re), 2018 BCIPC 2 (CanLII)

Sollitt v. Trillium Lakelands District School Board, 2013 HRTO 1128 (CanLII)

The Student v. The School District and others, 2019 BCHRT 217 (CanLII)

Steele v. School District No. 36, 2014 BCHRT 276 (CanLII)

Aslin v Edmonton Catholic Schools, 2021 AHRC 186 (CanLII),

MacKenzie v. Howe Sound School Dist. No. 48 (No. 2), 1997 CanLII 24743 (BC SC)

SJ v Parkland School Division No 70, 2019 ABQB 470 (CanLII)

Gould v. Regina (East) School Division No. 77, 1996 CanLII 6807 (SK QB)

Tsai and Tsai v. B.C. (Ministry of Education) and another, 2004 BCHRT 386 (CanLII)

Kelly v. UBC (No. 3), 2012 BCHRT 32 (CanLII)

L.B. v Toronto District School Board et al., 2017 ONSC 2301 (CanLII

HB v. Halton District School Board, 2018 HRTO 1729 (CanLII)

Rezaei v. University of Northern British Columbia and another (No. 2), 2011 BCHRT 118 (CanLII)Edit”Case Decisions and Reports Connected to Education”


The BC Human Rights Tribunal has accepted a parent to be added to their child’s human rights complaint and the Supreme Court of BC upheld the decision.

The Human Rights Tribunal finds the complaint novel, as the parent loss income due to needing to take a leave of absence from their work to deal with the stress of their child not getting the accommodations they needed at school. The parents complaint is that she was discriminated against due to family status and claims she suffered various financial, physical and emotional impacts. For details see paragraph #11 & #12 in the case below.

[11]      In January 2020, the parent retained counsel. Shortly thereafter, the COVID-19 pandemic hit, and this materially impacted the preparation of the proposed amended complaint because the child and her family were at high risk for COVID-19 and were required to largely stay at home. On October 30, 2020, the parent sought to be added to the complaint, alleging that, as a parent of a child with a disability, the parent has her own personal complaint. The amendments sought would add details of the events in the existing complaint, and would add further allegations about the discriminatory effect of the events on the parent personally. The parent’s complaint is that she was discriminated against personally on the basis of family status.

[12]      The parent alleges that she has had to witness her child’s struggles as a result of the School’s conduct, including the child’s distress and anxiety on a daily basis. This was extremely difficult, exhausting and traumatic for the parent. The parent required counselling to address her trauma, and has been diagnosed with chronic fatigue syndrome as a result of the stress. In addition, the parent alleges that she had to take a leave from work to assist with the child, and has suffered various financial impacts.

This paves the path for many other parents who need to take a leave of absence/quit their jobs or experience any adverse impacts due to the discrimination or exclusion their children experience at school and their disabilities not being accommodated under the human rights code.

Read all of the details in this case posted today on the BC Supreme Court website. Link below. April 8th, 2022.