preliminary stages of the process, prior to formal disclosure and timelines taking
place.^158 The recommended course of action is to identify and assess the
documents requested by the respondent, rather than granting a blanket waiver.
The HRTO “does not have the power to order a party to waive privilege,”^159
however the Tribunal may consider parts or all of the application as an abuse of
process if information necessary to the respondent in its preparation of a
Response is denied.^160 The HRTO framed the question as “whether, in the
absence of the consent sought, the respondents are able to reasonably comply
with their obligation under the Rules to respond to the Application”.^161
VI. Disciplinary Measures
The Education Act at Part XIII – Behaviour, Discipline and Safety sets out a
“progressive discipline” approach to dealing with inappropriate student behaviour.
This section sets out the process for suspension and expulsion, and appeal
rights of those decisions, and ensures that when any student is disciplined and
removed from school, that some form of programming is nonetheless
available.^162 This Part sets out the Provincial Code of Conduct and also
considers bullying specifically.^163
The Child and Family Services Review Board is the designated Tribunal tasked
to hear appeals of school board decisions to expel students.
(^158) Pellew v. Muki Baum Treatment Centres, 2010 HRTO 222 at paras 12 - 15; See also T.S. v.
Toronto District School Board, 2010 HRTO 605 at paras 10 - 13. See also Campbell v. Toronto
District School Board, 2010 HRTO 463; Thomas v. Toronto District School Board, 2010 HRTO
- 159
160 Pellew v Muki Baum Treatment Centres, 2010 HRTO 222 at para 12.^
161 Ibid^ at para 13.^
162 Ibid at para 15.^
Education Act, supra note 3, s 312. See Ministry of Education, Policy/Program Memorandum
No. 141, School Board Programs For Students on Long-Term Suspension (issued December 5,
- online: Ministry of Education < http://www.edu.gov.on.ca/extra/eng/ppm/141.pdf>; see also
Ministry of Education, Policy/Program Memorandum No. 142, School Board Programs For
Expelled Students (issued December 5, 2012) online: Ministry of Education
http://www.edu.gov.on.ca/extra/eng/ppm/142.pdf. 163
Education Act, supra note 3, s 301.