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Questions raised over trustees' scope of power

Questions raised over trustees' scope of power

Posted by: Sheila MacKinnon , November 19, 2019


Principals of a school have a duty to ensure the safety of students and others while on school premises, says education lawyer Sheila MacKinnon.


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MacKinnon, partner with Shibley Righton LLP, weighs in on the subject in a Globe and Mail article about a special meeting recently held by Toronto Catholic District School Board trustees to discuss a trespassing order against a father who had allegedly threatened the school’s principal and physically assaulted a caretaker.


The trustees overturned the trespassing order against the man, the Globe reports, “despite provincial legislation that requires school boards to maintain a safe school environment for staff and students.”


The father was angry his daughter did not make the soccer team, the report continues.


“Based on a regulation under the Education Act, unless there’s a board policy otherwise, it’s the principal who determines if a person’s presence is detrimental to the safety or well-being of people at the school,” MacKinnon says in the Globe.

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About Shibley Righton

Shibley Righton LLP is a mid-sized Ontario law firm with lawyers in three offices (Toronto, Windsor, and Hamilton area). We offer a full range of services in litigation and dispute resolution, business law including corporate governance, finance and mergers and acquisitions, estate planning, real estate, labour and employment and a number of other practice areas. Shibley Righton has the largest condominium law group in Canada, offering a full range of services to condominium corporations including corporate governance, enforcement, contract review and litigation services.  Clients rely on Shibley Righton’s team of lawyers and professional staff to provide exceptional services in a practical, cost effective and timely manner.

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