JUDICIAL REVIEW REPORT 2009 Report Of The Trillium Report On The Consolidated Case Series and Compensation. Abstract By Rosemary DeCaires

1. Released: June 10 2009 ROSEMARY N. DE CAIRES
Total Pages: 20 ROSEMARYDECAIRES//PROFESSIONALCORPORATION//01062009.1
SUMMARY REVISED
Judicial Review – Constitutional law – Charter of Rights – Applicability of Charter – Government – Whether or not
university "government" so as to attract Charter review of policies – If so, whether or not mandatory withdrawal
("drop out") policy "law" – Canadian Charter of Rights and Freedoms, ss. 15, 32.
Judicial Proceedings – Constitutional law – Charter of Rights – Equality rights – Equality before the law – Disability
discrimination – Mandatory withdrawal due to probationary status – Whether or not accommodation policy "law" –
If so, whether or not s. 15(1) of the Charter infringed – Canadian Charter of Rights and Freedoms, ss. 15, 32.
Judicial Review – Constitutional law – Civil rights – Age – Protection against discrimination in education not
extending to those with a documented physical disability – Whether provision infringing s. 15 of the Charter – If so,
whether justified under s. 1 – Canadian Charter of Rights and Freedoms, ss. 1, 15 – Human Rights Code, 1981, S.O.
1981, c. 53, s. 9(a).
Cost – Costs of and incidental to judicial review. Civil damages claim with retroactive costs to date of loss and
interest accruing over a ten year period from 1995-1996 to 2004-2005 sessions. Ontario Superior Court of Justice’s
costs award – Plaintiff submitting as party under physical disability pursuant to Rule 7 of the Rule of Civil Procedure,
R.R.O. 1990, Reg. 194.