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ARTICLE · 03 MAY 2024

TCDSB v. OECTA: School Board Not Liable For Public Statements Made By Trustee

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The recent arbitration decision of Toronto Catholic District School Board v. Ontario English Catholic Teachers' Association, 2024 CanLII 6704 (ON LA)...

CanadaEmployment and HR
Labiba Chowdhury
Labiba Chowdhury
Adrian Pel
Adrian Pel
Bhargavi Patel
Bhargavi Patel
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The recent arbitration decision of Toronto Catholic District School Board v. Ontario English Catholic Teachers' Association, 2024 CanLII 6704 (ON LA), has important implications for the relationship between school boards and their trustees. More specifically, the decision deals with the issue of whether public school boards can be held liable for public statements made by their trustees.1

Key takeaways

  • The Arbitrator concluded that the Board cannot be held liable for the public statements of its trustees.
  • The Board-trustee relationship is not analogous to an employment relationship or an employment of agent relationship, especially because boards do not have the power to select, control, discipline, or discharge a trustee.

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