WRDSB appeal dismissed in defamation lawsuit by former teacher

The Ontario Court of Appeal dismissed an appeal by the Waterloo Region District School Board (WRDSB) in an attempt to prevent a former teacher’s defamation lawsuit from proceeding to trial.

The case stems from a presentation made at a board meeting by Carolyn Burjoski. On Jan. 17, 2022, she expressed her concern about some of the books in elementary school libraries, specifically those with references to gender expression and sexuality. 

At the time, former chair Scott Piatkowski interrupted Burjoski’s presentation over concerns her comments could violate the Ontario Human Rights Code.

The decision means Burjoski will be able to pursue her case against the board and Piatkowski.

“Oh God, it’s been hard. It’s been hard. It’s been a two-and-a-half year marathon. And it’s had its lows. Physically, mentally,” said Burjoski.

In the Court of Appeal decision, it noted a discrepancy between what Burjoski said and how it was characterized 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,” part of the decision reads. “[W]e find ourselves in agreement with his ultimate conclusion that the respondent should be permitted to advance her claim.”

The court acknowledged that while defending vulnerable groups is crucial, that’s not what they feel happened here, stating “It is one thing to counter discriminatory speech; it is quite another to counter speech that was not expressed.”

The decision also outlines that the board’s decision to remove the video of Burjoski’s presentation from their website, while Piatkowski made public statements about it, prevented members of the public from making their own assessment.

“That’s when I started to feel, ‘Oh my goodness, this is really bad.’ So I just started to lose my optimism, let’s say. And I wasn’t sleeping. My body was doing weird things like fluttering and anxiety reactions,” said Burjoski.

Burjoski also released a video response to the decision on social media, calling this development “fabulous news.

”MAJOR VICTORY! Ontario Court of Appeal has dismissed the School Board's appeal! Powerful institutions like @wrdsb can't weaponize false accusations to silence public debate. Now our defamation lawsuit can proceed to trial.@wrdsb @Sflecce @fordnation @ONeducation pic.twitter.com/9WAEaEFMfl

“I’m feeling awesome. Victorious. Jumping up and down. Did a little dancing,” Burjoski said to CTV News.

Piatkowski says he will not be commenting on the decision with the matter before the courts, and a spokesperson for the school board said the same.

The board has 60 days since the date of the decision to appeal it. If not, the case will proceed to trial in the Ontario Superior Court.