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ARTICLE · 06 FEBRUARY 2017

Court Upholds School Board's Decision To Deny Accommodation Request

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In a recent decision in E.T. v. Hamilton-Wentworth District School Board, the Superior Court of Justice upheld the decision of the Hamilton-Wentworth District School Board (the "Board") denying a request to accommodate two students pursuant to its Equity Policy.

CanadaLitigation, Mediation & Arbitration
Nadya Tymochenko
Nadya Tymochenko
Stephanie Garraway
Stephanie Garraway
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In a recent decision in E.T. v. Hamilton-Wentworth District School Board, the Superior Court of Justice upheld the decision of the Hamilton-Wentworth District School Board (the "Board") denying a request to accommodate two students pursuant to its Equity Policy. The Applicant, a father of two children attending a public elementary school, challenged the Board's refusal to grant a request for accommodation to be informed about, and permit his children to be excused from classes on the basis of religion with respect to, specific subject matter that he characterized as "false teachings."

In 2009, in accordance with the Ontario Ministry of Education's policy and its guidelines regarding equity and inclusive education, the Board developed an Equity Policy to ensure that educational practices within the district were consistent with Ministry expectations. The policy provided a process to request and consider religious accommodation with respect to religious practices and

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