Defamation Case by Ontario Teacher Who Questioned Age-Appropriateness of Library Books to Advance

Defamation Case by Ontario Teacher Who Questioned Age-Appropriateness of Library Books to Advance
Carolyn Burjoski, a former Waterloo Region District School Board teacher, was ejected from a school board meeting in January 2022 after raising questions about the age-appropriateness of some books in elementary school libraries that deal with gender transition. Screenshot via The Epoch Times
|Updated:
0:00

A defamation lawsuit filed by a former teacher against the Waterloo Region District School Board and its former chair will go to mediation in December in an effort to settle the dispute ahead of trial next year.

Carolyn Burjoski launched her suit after she was cut off during a presentation to the board about the age-appropriateness of school library books dealing with sex-related issues, as well as a subsequent media appearance by the chair of the board discussing the episode.
During her Jan. 17, 2022, presentation at a school board meeting she said some books make it “seem simple or even cool to take puberty blockers and opposite sex hormones,” according to court documents. Then-board chair Scott Piatkowskiati refused to let her finish her presentation, saying her comments may be violating human rights cods.

Burjoski was also expelled from her classroom and a disciplinary investigation was launched against her. She said she suffered trauma over the experience and opted to retire early.

Piatkowski previously said he cut her presentation short because he believed her words to be in violation of the Ontario Human Rights Code. In subsequent media interviews, he said Burjoski’s comments were “transphobic,” which Burjoski rejects.
An Ontario Superior Court justice granted Burjoski permission to proceed with the defamation case in a November 2023 ruling, dismissing an application by the board to throw out the case.

A one-day voluntary mediation session has been set for Dec. 10, according to a Sept. 23 news release by Burjoski’s legal team.

If the mediation is unsuccessful, the case will go to trial, with a pre-trial conference set for 2026.

“This is an opportunity for both sides to sit down with a neutral third party to see if we can reach a fair settlement, avoiding the time and cost of a full trial,” Burjoski said. “I am open to good faith resolutions, but if mediation doesn’t succeed, I am fully prepared to proceed to trial.”

The Epoch Times attempted to reach the school board and Piatkowski but did not hear back by publication time.

Burjoski said the setting of a court date is “a turning point,” and she is confident heading toward trial, “not only because the facts are on my side, but because I have already won twice in the courts.” In November 2023, the Ontario Superior Court of Justice dismissed an attempt to throw out her lawsuit. The Ontario Court of Appeal upheld that decision in November 2024.

She said those legal victories show her case has “real merit” and that she deserves an opportunity to clear her name.

She said the issue is about more than defending her reputation. “It is about defending freedom of expression in Canada. What happened to me should not happen in a democratic society, and I am determined to see this matter through to the end. Canadians should never be intimidated to voice their honest opinions and concerns.”

In allowing the case to go ahead, Ontario Superior Court Justice James Ramsay said comments made against Burjoski were “defamatory.”

“They accused her of breaching the Human Rights Code, questioning the right of trans persons to exist, and engaging in speech that included hate. She did not do any of those things,” he said.

Ramsey also said that the chairman acted with “malice or at least, with a reckless disregard for the truth.”

‘Freedom of Expression’ Lawsuit

In 2022, Burjoski also filed for judicial review of the board decision to stop her presentation. The Divisional Court ruled against her in November 2023, saying the board’s decision was reasonable.
The three-judge panel also said that a “high degree of deference” must be given to school boards.

Burjoski’s appeal of that decision was denied by the Ontario Court of Appeal in October 2024, a decision she called a “dangerous precedent” threatening the “fundamental pillar” of free expression.