Update on PCVS Legal Challenge

April 27, 2012

We have some good news for PCVS supporters regarding our legal challenge to overturn the decision to close PCVS.

Our lawyers have been in discussion with lawyers for the Kawartha Pine Ridge District School Board. Both law firms have proposed that we skip the injunction motion and move directly to judicial review.

The Peterborough Needs PCVS Co-ordinating Committee, which now includes all affiants and applicants in the legal case, has agreed unanimously with this direction. This would mean that our case would be heard by three judges in a divisional court in Toronto in early June. At this hearing, our lawyers will request that the court render its decision as soon as possible, in the hopes that it will be issued before the end of the school year.

Some Background

As many of you know, the legal case was originally to be a two-part process.

The first part would have our lawyers request an interlocutory injunction that, if successful, would prevent the Board from implementing its decision to close PCVS pending the outcome of the judicial review. An injunction is decided by one judge and requires that we establish, among other things, irreparable harm that outweighs any inconvenience to the Board.

Injunctions are very hard to get. An injunction does not address the merits of a decision (the decision to close PCVS).

Had we been successful in winning an injunction, we then would have proceeded to the judicial review phase, which is heard by the Divisional Court in front of three judges who have experience in the area of judicial reviews. Judicial reviews focus on procedural fairness and natural justice.

Should we be successful at this stage, the judges would, in the best case scenario, overturn the decision to close PCVS. This would revert the situation back to pre-2011 ARC and would likely elicit another closure review in Peterborough.

Why we support going directly to the judicial review phase:

1. this is ultimately what we want and where we will need to go eventually.
2. we do not wish to prolong the process unnecessarily and wish to expedite the legal case as quickly as possible in the best interests of students, staff and the community.
3. eliminating the injunction phase saves money in legal costs and eliminates the first opportunity to be exposed to an award of costs should we lose our bid for an injunction.
4. because both law firms agreed on moving directly to judicial review, this may limit our liability as it could reduce the likelihood of a large award of costs should we be unsuccessful.
5. we will have the benefit of three senior and experienced judges hearing our case.

Finally, we always hoped for a judicial review where the decision could be overturned. We now have this opportunity.

A Model Campaign

The community of PCVS supporters has been extraordinary in its commitment, perseverance and unparalleled generosity. We would never be where we are now without your support. One faculty member at Trent suggested that our campaign should be studied as a model grassroots campaign and we have been repeatedly complimented for our measured, cohesive and reasoned approach. This is not a compliment to a few people but to a community of people.

Fundraising

We have placed every dollar raised for our legal challenge in a trust fund held by LLF. We have suspended further fundraising at this point as we believe we have the funds to finance the judicial review.

Celebration

Please mark 10 June on your calendar. We’re having a celebration of PCVS at Market Hall. Details to follow.

Supporters are encouraged to continue to donate (unused funds will be returned to donors of $100 or more on a prorated basis). A meeting to provide an update and overview of the legal proceedings for supporters will be held in the coming weeks. Funds donated to support the legal proceedings will be held in a protected trust account, and an independent accounting firm will be appointed to undertake a financial review of all fundraising, donations and expenditures at the conclusion of the legal proceedings. The financial review will be made available to all donors.

Media release available.

Thanks to an overwhelming response from generous supporters who want to retain Peterborough Collegiate & Vocational School (PCVS) as a fully functional downtown high school, the Peterborough Needs PCVS Committee has identified sufficient financial resources to move forward with an application for an injunction and judicial review of the Kawartha Pine Ridge District School Board’s decision to close PCVS at the end of this school year.

After consulting with students, parents and numerous others impacted by the proposed closure of PCVS, including a recent meeting attended by more than 300 public school ratepayers, the Peterborough Needs PCVS Committee will file the necessary application and motions in the Ontario courts.

Peterborough Needs PCVS regrets the necessity for legal action, which is divisive, costly and adversarial. The committee and others have repeatedly urged the Board to work with the community in exploring alternatives to closing PCVS, which is too valuable to lose — for students, for Peterborough’s downtown, and for the entire community. The Board has not responded to the suggestion of a consultative and collaborative community solution, leaving PCVS supporters with no alternative but to ask the courts to review the closure process and overturn the decision.

At the meeting of supporters on April 4, the advisability and costs of recourse to the courts was considered. In less than a week’s time support for this course of action was overwhelmingly reflected by the receipt of the required financial resources to proceed. It is expected that counsel for the applicants, Perley-Robertson, Hill & McDougall LLP will file be filing in the immediate future.

Local dance company Public Energy got Vancouver dance collective 605 in on the act:

If, like us and Vancouver’s 605 Collective (left), you support the campaign to keep the city’s only downtown high school open, please go to their web site by WED APRIL 11 to contribute to the fund set up to support their legal challenge. You can make a donation directly at the Peterborough Credit Union or on line. This photo (left) was taken at the curtain call of 605′s show at Market Hall on March 10. The company held a sold out dance class at PCVS and were impressed by the participation and energy they felt there.

To all PCVS Supporters

Before proceeding with a judicial review of the school board decision to close PCVS we need to gauge our level of support. A judicial review is a very expensive process that carries the potential risk of the court awarding damages if we do not get a ruling in our favour that could result in us having to pay all, or a portion of, the respondent’s (KPRDSB) legal expenses. The applicants [made up of certain members of the coordinating committee] would be held legally responsible for any damages awarded.

Our legal team estimates we need to raise $250,000 (with $150,000 of this total needed only if we have an adverse ruling and are responsible for damages) to proceed with a judicial review. We can only proceed with a judicial review if we have your support and the financial resources to protect the applicants.

We need to know by Wednesday, April 11 at noon if you will financially support a judicial review, and the financial contribution you are willing to make.

You may donate by:

Depositing funds directly into the Save PCVS account

Peterborough Community Credit Union
167 Brock Street, Peterborough
Account #15097

Branch Hours:
Monday through Thursday 9:00 AM to 5:00PM
Friday 9:30 AM to 7:00 PM

Closed Good Friday, April 6 and Easter Monday, April 9

Visiting the Peterborough Needs PCVS website

and making a donation through PayPal: http://peterboroughneedspcvs.com/

All funds donated through PayPal at this site go to Peterborough Needs PCVS

Donations to Peterborough Needs PCVS will not be issued a charitable donation receipt. There may be funds left over after the legal challenge has been completed. In this case, donors of more than $100 will receive a refund that is prorated according to the portion of funds used to fight the legal challenge.

Thank you for your financial contribution to Save PCVS.

The Coordinating Committee

Tuesday night on CBC Televison catch the Rick Mercer Report for full coverage of Rick Mercer’s visit to PCVS, the winning school in this year’s Spread the Net Challenge. PCVS has invited friends and family of PCVS to share a celebratory viewing at the school. Doors open at 7:30 pm.

And Rick is just as confused about PCVS’s closure as we are: