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ARTICLE · 23 FEBRUARY 2023

Court Upholds Reconsideration Of Code Of Conduct Breach

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In Del Grande v. Toronto Catholic District School Board,[1] the Divisional Court (the "Court") recently dismissed an application for Judicial Review brought by a TCDSB Trustee (the "Applicant").

CanadaConsumer Protection
Gillian Tuck Kutarna
Gillian Tuck Kutarna
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Renata Antoniuk
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In Del Grande v. Toronto Catholic District School Board,1 the Divisional Court (the "Court") recently dismissed an application for Judicial Review brought by a TCDSB Trustee (the "Applicant"). The Board of Trustee decision under review related to the enforcement of the Trustee Code of Conduct, and the authority of the Board of Trustees (the "Board") to reconsider its previous decision on whether or not there had been a breach. The Court recognized that, subject to the Education Act and its regulations, Boards of Trustees are the primary determinants of their own process. The Board therefore had the authority to include a reconsideration provision in its by-law, and to apply that provision to a decision regarding a Trustee Code of Conduct breach.

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