UPDATE - January 26, 2012
The case of Moore v. British Columbia (Ministry of Education) will be heard by the Supreme Court of Canada on March 22, 2012. Should the Supreme Court reverse the B.C. Court of Appeal's ruling and uphold the Human Rights Tribunal's original finding that the plaintiff was discriminated against, it will bolster our efforts to have our case certified as a class action.
Read the Vancouver Sun Article here.
For more information please contact Jim Poyner at jim@poynerbaxter.com or 604-988-6321 ext. 1
UPDATE - October 29, 2010
The British Columbia Court of Appeal has upheld the Supreme Court of British Columbia's decision in Moore and dismissed the plaintiff's appeal, finding that the plaintiff was not discriminated against when the School Board closed a special program for severely disabled students.
Read the British Columbia Court of Appeal decision here.
May 17, 2010
Poyner Baxter is awaiting a decision in Moore v. British Columbia (Ministry of Education), an action with facts similar to those in this putative class action. In 2005, the British Columbia Human Rights Tribunal found that the Ministry of Education discriminates against learning-disabled students by failing to provide them with proper support in the public school system. To read the decision, click here.
The Province appealed this decision and in 2008, the Supreme Court of British Columbia reversed the decision of the BC Human Rights Tribunal (2008 BCSC 264). To read the decision, click here.
The plaintiff in this matter appealed the decision to the British Columbia Court of Appeal. The hearing of the matter was completed on May 8, 2009; there has been no decision to date. Once the Reasons for Judgment have been released, a decision can be made with respect to the next steps to be taken in the class action.
March 22, 2006
The date for the certification hearing of this case which was set for November 6, 2006 in Vancouver Supreme Court has been postponed. Once a date has been obtained, we will provide the information on this web page. To read the documents related to the certification hearing, click on the links below.
Affidavit of Kenneth J. Baxter
Affidavit of Louise Brazeau-Ward
December 15, 2005
To view the Vancouver Sun article published today regarding teaching dyslexic students, please click here.
The next major step in this case is to apply to the court for an order certifying the case as a class action pursuant to the provisions of the Class Proceedings Act.
April 19, 2004
Canada News Wire published a media release about the class action law suit filed by Poyner Baxter against the Government of British Columbia claiming that a consistent failure to test for dyslexia or, when diagnosed, to provide remedial attention, violates both the province's School Act and the Canadian Charter of Rights and Freedoms.
April 6, 2004
Poyner Baxter filed a class action against Her Majesty the Queen in Right of the Province of British Columbia on March 30, 2004 on behalf of all dyslexic people in British Columbia. The class action claims that all people who are dyslexic are entitled to receive proper and accepted methods of testing/assessment for the condition of dyslexia and are entitled to be treated through the use of proven methods of remedial treatment and education. To read the Statement of Claim, please click here.
As soon as there are any developments in this case, the information will be posted on this web page.
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