Former elementary school teacher Carolyn Burjoski's defamation lawsuit against the Waterloo Region District School Board is set to continue after the court ruled against the board in trying to get the case thrown out.
In a ruling last week, Justice J.A. Ramsay said that the action for intentional infliction of emotional suffering is dismissed. Otherwise the motion is dismissed with the result that the action for defamation will continue.
The board was also ordered to pay Burjoski $30,000 in court fees.
Burjoski filed the lawsuit in 2022 after she was removed from a school board meeting while making a presentation about books that she said were not age-appropriate for children. The presentation was halted by the board over concerns she was violating the Human Rights Code and using transphobic language.
Since the ruling that the case can continue, the board has released a statement in response.
"The decision of the Ontario Superior Court released on November 23, 2023 was with respect to a motion brought pursuant to section 137.1 of the Courts of Justice Act," the statement read.
"The motion permits a defendant in a civil lawsuit to bring a motion to dismiss a claim at an early stage in the proceeding."
The statement continues on to emphasize that the most recent ruling doesn't mean the claim has merit.
"A motion under this section is not a determinative adjudication of the merits of the underlying claim; Ms. Burjoski’s claim has simply been permitted to continue," it said.
"As this matter remains before the Courts, the Board will not be commenting further."
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