The Ontario Courtroom of Enchantment dismissed an enchantment by the Waterloo Area District College Board (WRDSB) in an try to forestall a former trainer’s defamation lawsuit from continuing to trial.
The case stems from a presentation made at a board assembly by Carolyn Burjoski. On Jan. 17, 2022, she expressed her concern about among the books in elementary faculty libraries, particularly these with references to gender expression and sexuality.
On the time, former chair Scott Piatkowski interrupted Burjoski’s presentation over issues her feedback may violate the Ontario Human Rights Code.
The choice means Burjoski will have the ability to pursue her case towards the board and Piatkowski.
Within the Courtroom of Enchantment choice, it famous a discrepancy between what Burjoski mentioned and the way it was characterised 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,” a part of the choice reads. “[W]e find ourselves in agreement with his ultimate conclusion that the respondent should be permitted to advance her claim.”
The court docket acknowledged that whereas defending susceptible teams is essential, that’s not what they really feel occurred right here, stating “It is one thing to counter discriminatory speech; it is quite another to counter speech that was not expressed.”
The choice additionally outlines that the board’s choice to take away the video of Burjoski’s presentation from their web site, whereas Piatkowski made public statements about it, prevented members of the general public from making their very own evaluation.
Burjoski additionally launched a video response to the choice on social media, calling this growth “fabulous news.”
“This victory means our fight for truth and accountability can continue,” Burjoski says within the video.
Piatkowski says he is not going to be commenting on the choice with the matter earlier than the courts, and a spokesperson for the college board mentioned the identical.
The case will now proceed to trial within the Ontario Superior Courtroom.
