DISCRIMINATION - Race, colour, ancestry or place of origin - Education

Law360 Canada ( January 15, 2025, 8:28 AM EST) -- Appeal by South Shore Regional Centre for Education (South Shore) from conclusion of The Board of Inquiry (Board) that Cheryl Foley’s (Cheryl), human rights complaint was not bound to fail on limitation grounds. The board considered Cheryl’s complaint as litigation guardian for her minor son, Cade Foley (Cade) against South Shore. The complaint alleged discrimination based on race or colour beginning in the 2013-14 school year while Cade attended Pentz Elementary School. South Shore brought a preliminary motion, arguing that the complaint was statute-barred as none of the alleged discrimination occurred within twelve months of the filing of the complaint on November 6, 2019, as required by the Human Rights Act (Act). The Board found that the parties’ last contact described in the complaint was on a January 25, 2019, meeting. South Shore appealed, arguing that the Board erred in law by interpreting the complaint as within the statutory twelve-month limitation period and exceeded its jurisdiction by substantively amending the complaint by concluding that the January 25, 2019, meeting constituted discrimination. Cheryl and the Commission contended that the complaint was timely because the January 25, 2019, meeting was included, and the Board was entitled to consider "extrinsic" evidence....
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