Court dismisses appeal by former WRDSB teacher

The Ontario Court of Appeal has dismissed an appeal by a former teacher who wanted to finish her presentation to trustees with the Waterloo Region District School Board.

At a board meeting on Jan. 17, 2022, Carolyn Burjoski expressed concern about some of the books in elementary school libraries. She felt the topics addressed, specifically gender and sexuality, were discussed in a way that wasn’t appropriate for young children.

Burjoski was then stopped mid-presentation by Board Chair Scott Piatkowski over worries her comments could violate the Ontario Human Rights Code.

Burjoski asked for a judicial review of the board’s decision. Her request, to finish her presentation to the board, was dismissed in a decision published Nov. 29, 2023. They found “no basis” for bias by the board and the decision to end her remarks was reached through a democratic process.

In December, Burjoski announced her intention to appeal.

That motion was dismissed on March 28.

According to the decision, posted to Burjoski’s website, she was also responsible for covering $2,500 in costs.

Burjoski responds

CTV News reached out to Burjoski to get her reaction to the dismissal.

She responded by email, saying, in part: “I was shocked and deeply disappointed by the Court of Appeal's decision to refuse to hear my appeal. My lawyers were confident that the Judicial Review decision from last November was flawed and that the Court of Appeal would allow our appeal to proceed. Despite this setback, I remain committed to fighting for free speech and holding the Waterloo Region District School Board accountable for their actions.”

Burjoski has also launched a separate $1.75 million lawsuit against the school board and Piatkowski, alleging defamation, libel and slander. The school board then asked the courts to dismiss the case but a judge rejected that request and ordered the school board to pay $30,000 for Burjoski’s legal fees.

At this time, no decision has been reached on the lawsuit.

“I am focused on the next phase of my defamation suit against the WRDSB,” Burjoski said in her email to CTV News. “I am optimistic about winning the board's appeal of my victory in their anti-SLAPP [strategic lawsuits against public participation] motion, which is expected to be heard this fall.”

CTV News has also reached out the Waterloo Region District School Board for comment on the appeal but have not yet received a response.