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ARTICLE · 25 SEPTEMBER 2018

Application Of School Board's Fresh Start Policy Upheld By Court

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In K.W. v. Toronto Catholic District School Board, K.W., a Grade 12 student in a school operated by the Toronto Catholic District School Board (the Board), brought an application ...

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In K.W. v. Toronto Catholic District School Board, K.W., a Grade 12 student in a school operated by the Toronto Catholic District School Board (the Board), brought an application for judicial review to challenge the decision of the Board to transfer him to a new school at the beginning of the 2017-2018 school year. The Ontario Superior Court of Justice dismissed K.W.'s application and concluded that the transfer was not disciplinary in nature. Rather, the Court held that it was a reasonable exercise of the Board's authority to transfer students.

Background

During the 2016-2017 school year, K.W. was in Grade 11. In April of his Grade 11 school year, K.W. was one of three students involved in an assault of M.V., a Grade 10 student at the same school (School 1). The principal of School 1 was advised by police that the perpetrators, including K.W., were not allowed to return to School 1. K.W. was placed on a 20-day administrative suspension so that the principal could

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