Grand Erie District School Board Statement on Divisional Court Decision

Monday, Aug 25, 2025

The Grand Erie District School Board acknowledges the decision of the Ontario Divisional Court, released on August 8, 2025, in Sloat v. Grand Erie District School Board.

The Court’s ruling addressed two complaints considered by the Board in 2024 – before the Court’s November 2024 decision in Sloat #1: the “Call the Police Complaint” and the “Disclosure Complaint”.

The “Call the Police” complaint arose from an In Camera Board meeting in which Trustee Sloat ignored the direction of the Chair and instructed colleagues, to “call the police.” Trustee Sloat admitted making the comment during the meeting. The Board views it as both offensive and unacceptable for a trustee to disregard the authority of the Chair in this way. Contrary to some public reporting, the Court did not determine that the Board’s conclusion - that this conduct violated the Code of Conduct -  was unreasonable. Behaviour of this nature would not be acceptable in any professional or educational setting, including a student classroom, and is inconsistent with the standards of respect and decorum expected of trustees.

Sanctions were initially imposed in relation to the Call the Police Complaint, but after the Sloat #1 decision, the Board reconsidered those sanctions and reduced them to “time served.” No sanctions were ever imposed for the Disclosure Complaint.

In Sloat #2, the Court found that the Board’s decisions should be quashed for procedural fairness reasons. It made no findings on the merits of the Call the Police Complaint nor did it conclude that the conduct in question in that complaint met the standards expected of trustees. The Court also did not find that it was improper to consider these matters in camera. The Education Act expressly allows such matters to be heard in camera provided that sanctions are confirmed in public. The Board’s approach has been consistent with confidentiality principles in the Education Act.

The Board does not agree with all aspects of the decision particularly with respect to the Call the Police Complaint. The Board does not agree with the suggestion that Trustee Sloat had been “unfairly dealt with” or “unfairly targeted”. These matters are about fulfilling the Board’s statutory duty to address complaints under its Code of Conduct, not about any individual trustee.

While the Court did not make findings on the merits of the Call the Police Complaint, as of January 1, 2025, amendments to the Education Act have removed the responsibility of Ontario school boards to adjudicate trustee conduct complaints. As a result, the Court found that the Board does not have jurisdiction to hold a new hearing.

The Board fully supports the amendments to the Education Act which provide for such matters to now be referred to an integrity commissioner. This change underscores the importance of good governance and the Board’s responsibility to focus on promoting the achievement and well-being of Grand Erie students and staff.

The Board is mindful of pending litigation commenced by Trustee Sloat regarding a further Code of Conduct matter. In that case, the Board considered the full investigation report, which is the opposite of what the Court criticized in the present decision. The Board is therefore optimistic that Trustee Sloat will choose not to pursue further litigation against the Board, allowing all parties to focus on the work of serving students, staff and families.

The Board will continue to uphold the principles of good governance consistent with the Education Act. Good governance means trustees provide oversight and direction through policy and strategic planning, while leaving day-to-day operations to staff. It requires respect and accountability in compliance with the Education Act. to ensure that all decisions serve the best interests of students and the community. An outline of the principles of good governance can be found  in the 2022-26 Good Governance Guide  developed by the Ontario Education Services Corporation in partnership with the Ontario Public School Boards’ Association.

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