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Toronto (City) Board of Education v. O.S.S.T.F., District 15 : ウィキペディア英語版
Toronto (City) Board of Education v Ontario Secondary School Teachers' Federation, District 15

''Toronto (City) Board of Education v Ontario Secondary School Teachers' Federation, District 15'', () 1 S.C.R. 487 is a leading decision of the Supreme Court of Canada on judicial review of administrative decisions. The Court held that the review of a just cause dismissal was patently unreasonable on the basis that the decision had no evidentiary basis.
==Background==
Jagdish Bhadauria, a secondary school teacher, had made 39 applications for a position of vice-principal. He was granted several interviews but never hired. He filed a complaint to the human rights commission for discrimination. His claim of systemic discrimination was not made out and his claim was rejected. During and immediately following the adjudication of Bhadauria's complaint, he wrote three letters to members of the senior administration of his employer board of education comparing the actions of select administrators to those of Adolf Hitler, Idi Amin, Augusto Pinochet, and others.
Bhadauria was subjected to psychiatric assessment by two separate doctors. Both doctors believed he was intent on frightening the board of education but was not likely to be violent. One opinion recommended therapy. On receipt of both medical opinions, Bhadauria's position as a teacher was terminated. Through his union, Bhadauria filed a grievance for termination without just cause.
The Board of Arbitration found that Bhadauria was dismissed without just cause and he was given an award. The Board of Education applied for judicial review to the divisional court, who then quashed the ruling. On appeal to the Ontario Court of Appeal, the arbitration award was restored.
The issue before the Supreme Court was whether "the Board of Arbitration made a patently unreasonable decision in ordering that Mr. Bhadauria be conditionally reinstated in his position as a teacher with the appellant Board of Education."〔para. 1〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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