Dyslexia

May 17, 2010

Poyner Baxter is awaiting a decision in Moore v. British Columbia (Ministry of Education), an action with facts similar to those in this putative class action.  In 2005, the British Columbia Human Rights Tribunal found that the Ministry of Education discriminates against learning-disabled students by failing to provide them with proper support in the public school system.  To read the decision, click here.

The Province appealed this decision and in 2008, the Supreme Court of British Columbia reversed the decision of the BC Human Rights Tribunal (2008 BCSC 264).  To read the decision, click here. 

The plaintiff in this matter appealed the decision to the British Columbia Court of Appeal.  The hearing of the matter was completed on May 8, 2009; there has been no decision to date.  Once the Reasons for Judgment have been released, a decision can be made with respect to the next steps to be taken in the class action.

March 22, 2006

The date for the certification hearing of this case which was set for November 6, 2006 in Vancouver Supreme Court has been postponed. Once a date has been obtained, we will provide the information on this web page. To read the documents related to the certification hearing, click on the links below.

Notice of Motion

Affidavit of Kenneth J. Baxter

Affidavit of Lynne McGivern

Affidavit of Dr. Linda Siegel

Affidavit of Louise Brazeau-Ward

Statement of Claim

December 15, 2005

To view the Vancouver Sun article published today regarding teaching  dyslexic students, please click here.

The next major step in this case is to apply to the court for an order certifying the case as a class action pursuant to the provisions of the Class Proceedings Act.

April 19, 2004

Canada News Wire published a media release about the class action law suit filed by Poyner Baxter against the Government of British Columbia claiming that a consistent failure to test for dyslexia or, when diagnosed, to provide remedial attention, violates both the province's School Act and the Canadian Charter of Rights and Freedoms. Click here to read the news release.

Please click here to obtain information about joining this class action. (updated February 18, 2005)

April 6, 2004

Poyner Baxter filed a class action against Her Majesty the Queen in Right of the Province of British Columbia on March 30, 2004 on behalf of all dyslexic people in British Columbia. The class action claims that all people who are dyslexic are entitled to receive proper and accepted methods of testing/assessment for the condition of dyslexia and are entitled to be treated through the use of proven methods of remedial treatment and education. To read the Statement of Claim, please click here.

As soon as there are any developments in this case, the information will be posted on this web page.

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