Ontario Appeals Court Permits Former Teacher’s Defamation Case Over Concerns About Age-Appropriateness of Books to Continue

November 9, 2024 TruthUSA

A recent ruling by the Ontario Court of Appeal has granted a former teacher the ability to proceed with a defamation lawsuit against the Waterloo Regional District School Board (WRDSB).

The appeal judges, Benjamin Zarnett, Patrick J. Monahan, and Renee M. Pomerance, upheld a previous decision in favor of Carolyn Burjoski. The lawsuit stems from allegations made by the school board chair that her comments were “transphobic” after questioning the appropriateness of certain books in school libraries during a board meeting.

The Justices stated in their decision that, “While we acknowledge the extreme vulnerability and disadvantage of transgender persons, we nevertheless dismiss the appeal from the motion judge’s order permitting the respondent’s defamation proceeding to continue.”

They emphasized that countering discriminatory speech is important, but countering speech that was not expressed is a different matter.

School Presentation

During a board presentation on Jan. 17, 2022, Burjoski raised concerns about specific books in school libraries. The then-chair of WRDSB, Scott Piatkowski, abruptly ended her speaking time, citing a violation of the Human Rights Code.

In a subsequent media interview on Jan. 18, 2022, Piatkowski labeled Burjoski’s comments as “transphobic” and accused her of questioning the existence of transgender individuals.

Court documents reveal that Burjoski expressed concerns about books in school libraries that seemed to normalize the use of puberty blockers and hormones for gender transition.

Following this, Burjoski initiated a defamation lawsuit against the board and Piatkowski, which was contested under the anti-SLAPP law designed to prevent lawsuits aimed at silencing public discourse on important matters.

Despite the initial dismissal challenge, the recent decision by the appeals court allows Burjoski to proceed with her case against the board and former chair.

Burjoski commented, “They recognized the serious harm that I suffered. The court noted that the chair’s false statements about me were broadly disseminated, and it can be reasonably inferred that they have had a deleterious impact on my reputation.”

She also pointed out that the court acknowledged Piatkowski’s misrepresentation of her remarks, which could have misled the public.

The Epoch Times attempted to contact WRDSB and Piatkowski for input but received no response at the time of publication.

Judicial Review Lawsuit

In a separate legal action, Burjoski has filed a judicial review lawsuit against the board and former chair regarding their decision to terminate her presentation.

An Ontario court ruling on Nov. 29, 2023, supported the school board’s right to halt her speech, citing the need to maintain order according to bylaws and granting a high level of deference to school boards.

Burjoski has lodged an appeal against this judgment.

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