Ontario Appeals Court Allows Defamation Case of Former Teacher Concerned About Age-Appropriateness of Books to Proceed

A former Ontario teacher has been given the go-ahead by the Ontario Court of Appeal to bring a defamation lawsuit against the Waterloo Regional District School Board (WRDSB).
Justices Benjamin Zarnett, Patrick J. Monahan, and Renee M. Pomerance on Nov. 5 dismissed an appeal filed by the school board of an earlier court decision in favour of Carolyn Burjoski. The teacher had launched a defamation lawsuit for an accusation by the school board chair that her remarks were “transphobic” when she spoke at a board meeting questioning the age-appropriateness of some books in school libraries
During the presentation, WRDSB then-chair Scott Piatkowski cut her time short, saying her remarks were in violation of the Human Rights Code.
In a Jan. 18, 2022, media interview, Piatkowski said that comments Burjoski made were “transphobic” and “were questioning the right to exist of trans people.”
According to court documents, Burjoski was discussing school library books that she felt made it “seem simple or even cool to take puberty blockers and opposite sex hormones.”
Burjoski filed the defamation lawsuit, which the board and Piatkowski challenged to be dismissed using the anti-SLAPP law. The legislation, with acronyms standing for “strategic lawsuit against public participation,” is meant to void lawsuits used to silence people speaking out on issues of public interest.
Burjoski won that case, but the board and Piatkowski appealed.
The appeals court decision means Burjoski can move forward with her case against the board and former chair Piatkowski.
“We find that the harm experienced by the respondent outweighs the public interest attaching to the Board Chair’s speech. This is not a case in which the action is abusive, strategic or otherwise subject to the anti-SLAPP regime,” the court said.
“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. There is a public interest in defending the rights of those who are stigmatized, but this does not license speech that derogates from truth.”
Burjoski said the court decision was significant for several reasons.
She said the court also noted that Piatkowski “exaggerated the content, tone, and import“ of her remarks,” which would lead “members of the public to perceive that I said something insidious.”
An Ontario court ruled on Nov. 29, 2023, that the school board was within its rights to stop her. The three-judge panel said the board needed to keep order according to its bylaws and that a high degree of deference should be given to school boards.
Burjoski has filed an appeal of that decision.