Supreme Court

Decision Information

"AA" v. Halifax Regional School Board

Court Supreme Court
Date 2013-07-12
Citation 2013 NSSC 228
Docket Hfx 408234
Judge/Registrar/Adjudicator Boudreau, Allan (Honourable Justice)
Document Type Library Sheet
Relations Decision - "AA" v. Halifax Regional School Board - 2013 NSSC 228 - 2013-07-12 - Decision

Decision Content

Supreme Court of Nova Scotia

Citation: “AA” v. Halifax Regional School Board, 2013 NSSC 228

Date: 2013-07-12

Docket: HFX  No.  408234

Registry: Halifax

Between:

“AA”

Applicant

v.

Halifax Regional School Board

Respondent

Library SHEET

 

Judge:

The Honourable Justice Allan P. Boudreau

Heard:

January 15, 2013 at Halifax, Nova Scotia

Written Decision:

July 12, 2013

Subject:

Administrative Law – Judicial Review

Standard of Review – Reasonableness

Issues:

(1)        What is the appropriate test/standard of review on this application; “correctness” or “reasonableness”?

(2)        If the appropriate test is correctness, did the Appeal Board correctly interpret and apply the law in the case?

(3)        If the appropriate test is reasonableness, is the Appeal Board’s decision one which is supportable and justifiable in the circumstances?

Summary:

This is an application by AA, (“the applicant”) for Judicial Review of a decision of a one person (“William Kydd”) Board of Appeal (“Appeal Board”) appointed by the Minister of Education pursuant to the Education Act of Nova Scotia. The Halifax Regional School Board (“the School Board”) terminated the applicant’s employment for improper internet (e-mail) contact with one of his female students (“the student”). The applicant had undiagnosed bipolar II disorder at the time of the e-mails, but he was under treatment at the time of his termination. The Appeal Board upheld the School Board’s decision to terminate the applicant’s employment as a teacher. He now applies to this Court to quash the Appeal Board’s decision and to remit the matter to another Board of Appeal.

Result:

Found that the standard of review was one of reasonableness. Application to quash the Appeal Board’s decision was dismissed.

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