1. Accommodation Decisions - The Legal Angle
Note: This is our widescreen format template (our new Firm standard going forward). If you require regular screen width, click on the Office Button, select ‘New’ and select the Regular Template.
If there is only 1 presenter, delete the red barrier line and ‘Presenter 2’
Michael Hines
April 27, 2017

2. Accommodation Decisions - The Legal Angle
Litigating school closure decisions
Managing the municipal factor
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3. Litigating School Closure Decisions
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4. Litigating School Closure Decisions
How can an accommodation decision be overturned?
On what grounds will a court overturn a decision?
What is the likelihood of a successful legal challenge?
What are the consequences of a successful challenge?
Avoiding and, if necessary, winning litigation
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5. How can an accommodation decision be overturned?
Administrative review?
Judicial review
judicial deference
This is the standard Content Slide – use for bullet text. Keep text short and succinct and place longer informational text in Speaker Notes.
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6. On what grounds will a court overturn a decision?
It’s not an “appeal”
The merits/wisdom will not be assessed
Was the procedure materially deficient?
Demonstration of “technical” breaches of the MOE Guideline and your Policy will not be sufficient
This is the standard Content Slide – use for bullet text. Keep text short and succinct and place longer informational text in Speaker Notes.
To add a new slide into the Presentation, with this slide selected in the ThumbNail view, press ENTER. Right click on new slide and choose the Layout required from the available layout formats.

7. On what grounds will a court overturn a decision?
Lack of transparency
Secret meetings
Failure to provide relevant information without justification
This is the standard Content Slide – use for bullet text. Keep text short and succinct and place longer informational text in Speaker Notes.
To add a new slide into the Presentation, with this slide selected in the ThumbNail view, press ENTER. Right click on new slide and choose the Layout required from the available layout formats.

8. On what grounds will a court overturn a decision?
Advantaging one constituency over another
This is the standard Content Slide – use for bullet text. Keep text short and succinct and place longer informational text in Speaker Notes.
To add a new slide into the Presentation, with this slide selected in the ThumbNail view, press ENTER. Right click on new slide and choose the Layout required from the available layout formats.

9. On what grounds will a court overturn a decision?
Lack of transparency
Secret meetings
Failure to provide relevant information without justification
Advantaging one constituency over another
Material prejudice (rather than a perfect process) must be demonstrated
This is the standard Content Slide – use for bullet text. Keep text short and succinct and place longer informational text in Speaker Notes.
To add a new slide into the Presentation, with this slide selected in the ThumbNail view, press ENTER. Right click on new slide and choose the Layout required from the available layout formats.

10. What is the likelihood of a successful legal challenge?
This is the standard Content Slide – use for bullet text. Keep text short and succinct and place longer informational text in Speaker Notes.
To add a new slide into the Presentation, with this slide selected in the ThumbNail view, press ENTER. Right click on new slide and choose the Layout required from the available layout formats.

11. What are the consequences of a successful legal challenge?
This is the standard Content Slide – use for bullet text. Keep text short and succinct and place longer informational text in Speaker Notes.
To add a new slide into the Presentation, with this slide selected in the ThumbNail view, press ENTER. Right click on new slide and choose the Layout required from the available layout formats.

12. Avoiding/winning litigation
Follow the MOE Guideline and your Policy
Control community expectations
Role of the ARC
Role of staff
Manage the (social) media regarding key corporate objectives
Be as transparent/generous as is reasonably possible
Manage the municipal factor
And finally…
This is the standard Content Slide – use for bullet text. Keep text short and succinct and place longer informational text in Speaker Notes.
To add a new slide into the Presentation, with this slide selected in the ThumbNail view, press ENTER. Right click on new slide and choose the Layout required from the available layout formats.

13. Avoiding/winning litigation
DOCUMENT, DOCUMENT, DOCUMENT

14. Managing the Municipal Factor
DELETE this slide if not required
This alternate title slide is used for presenters who prefer NOT to have a Bio Picture displ
Note: Titles should be title case

15. Managing the Municipal Factor
The “new” (diminished) role of the ARC
The “new” (expanded) role of municipalities
The growing involvement of municipalities in administrative (and court?) challenges
Their rights are procedural/participatory, not substantive
This is the standard Content Slide – use for bullet text. Keep text short and succinct and place longer informational text in Speaker Notes.
To add a new slide into the Presentation, with this slide selected in the ThumbNail view, press ENTER. Right click on new slide and choose the Layout required from the available layout formats.

16. Accommodation Decisions - The Legal Angle
Note: This is our widescreen format template (our new Firm standard going forward). If you require regular screen width, click on the Office Button, select ‘New’ and select the Regular Template.
If there is only 1 presenter, delete the red barrier line and ‘Presenter 2’
Michael Hines
April 27, 2017