Divisional Court in Toronto Upholds a Principal's Wishes to Prevent Student from Attending Prom

July 17, 2009

On the afternoon of May 22, 2009 Mr. Justice Campbell sitting in the Divisional Court in Toronto heard an application to allow a Hamilton student to attend the prom that evening against his Principal’s wishes. The application was dismissed and the reasons for that decision are informative. The student in question had been involved in a violent altercation at the previous school dance and most of the teachers who were to act as volunteer chaperones at the prom refused to attend if certain students , including the applicant, were present.

Mr. Justice Campbell held that not every administrative action is an exercise of a statutory power of decision reviewable by the Divisional Court. In this case, a decision of a school Principal to withhold a privilege, as opposed to a right, is not reviewable.

Even if such decisions were subject to judicial review the standard of that review was held to be reasonableness and the Principal acted reasonably in this case in banning the student in question from attending the prom.

Ontario Superior Court of Justice (Divisional Court) Endorsement

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