Court dismisses application for judicial review filed by Dr. Nili Kaplan-Myrth against the Ottawa Carlton District School Board, orders her to pay $7,500

The Ontario Superior Court of Justice has dismissed an application for judicial review filed by Dr. Nili Kaplan-Myrth, a Trustee of the Ottawa Carlton District School Board (OCDSB). The court upheld the OCDSB's decision to sanction Dr. Kaplan-Myrth for breaching the board’s Code of Conduct during several incidents in 2023.

The case arose from a complaint lodged against Dr. Kaplan-Myrth by another trustee, which led the Integrity Commissioner (IC) to investigate her conduct at a September 11, 2023, board meeting and statements made on social media. The IC found that her behaviour violated several sections of the Board’s Code of Conduct, including provisions that require trustees to maintain professionalism, respect fellow trustees, and refrain from personal attacks.

Dr. Kaplan-Myrth’s conduct, including social media posts and her actions during the September 11 meeting, was deemed rude, insulting, and intimidating. In particular, she disrupted the meeting by interrupting discussions and accusing fellow trustees of being out to get her. She also criticized the Board’s processes and decisions on social media, accusing conservative trustees of silencing progressive voices.

The Board imposed sanctions, barring Dr. Kaplan-Myrth from attending the next regular Board meeting and participating in committees for three months. Despite Dr. Kaplan-Myrth's appeal, the Board confirmed its decision in January 2024.

In her judicial review application, Dr. Kaplan-Myrth argued that the Board's decisions infringed on her right to freedom of expression under the Canadian Charter of Rights and Freedoms. She also claimed procedural unfairness in how the complaint was handled, including the IC’s reformulation of the complaint.

However, the Divisional Court, composed of Justices Shore, Corbett, and Matheson, dismissed her arguments. The court ruled that while freedom of expression is a fundamental right, it is not without limits, especially for public officials such as school board trustees. The court agreed with the Integrity Commissioner that Dr. Kaplan-Myrth’s statements and behaviour undermined the integrity of the Board and justified the sanctions.

The court found the Board’s decision reasonable, noting that Dr. Kaplan-Myrth’s criticism of the Board crossed the line from legitimate expression to conduct that was unprofessional and damaging to the Board’s reputation. The court emphasized that the Code of Conduct serves a legitimate purpose in ensuring the professionalism of trustees and that the sanctions were appropriate under the circumstances.

Dr. Kaplan-Myrth’s motion to introduce fresh evidence was granted, but the court found it did not affect the overall outcome. The court concluded that the process provided by the Board was fair and dismissed the application for judicial review.

The court ordered Dr. Kaplan-Myrth to pay $7,500 in costs to the OCDSB.