WRDSB appeal dismissed in defamation lawsuit by former teacher

The Ontario Court of Appeal dismissed an appeal by the Waterloo Region District School Board (WRDSB) in an attempt to prevent a former teacher’s defamation lawsuit from proceeding to trial.

The Ontario Court of Appeal dismissed an appeal by the Waterloo Region District School Board (WRDSB) in an attempt to prevent a former teacher’s defamation lawsuit from proceeding to trial.

The case stems from a presentation made at a board meeting by Carolyn Burjoski. On Jan. 17, 2022, she expressed her concern about some of the books in elementary school libraries, specifically those with references to gender expression and sexuality. 

At the time, former chair Scott Piatkowski interrupted Burjoski’s presentation over concerns her comments could violate the Ontario Human Rights Code.

The decision means Burjoski will be able to pursue her case against the board and Piatkowski.

In the Court of Appeal decision, it noted a discrepancy between what Burjoski said and how it was characterized by Piatkowski.

“The Board Chair’s remarks would have led members of the public to perceive that the respondent said something far more insidious than she did,” part of the decision reads. “[W]e find ourselves in agreement with his ultimate conclusion that the respondent should be permitted to advance her claim.”

The court acknowledged that while defending vulnerable groups is crucial, that’s not what they feel happened here, stating “It is one thing to counter discriminatory speech; it is quite another to counter speech that was not expressed.”