What factors will the court consider in deciding whether to consolidate a petition against the Minister of Education with a trial?
British Columbia, Canada
The following excerpt is from L’Association des parents de l’école Rose-des-Vents v. Conseil scolaire francophone de la Colombie-Britannique, 2011 BCSC 89 (CanLII):
A petition will come on for hearing sooner than a trial might. This is a factor to be weighed particularly heavily in determining whether proceedings should be consolidated. The courts have and will take notice of the risk of assimilation and the irreparable harm caused by delay in affording protection to Charter rights: Doucet-Boudreau v. Nova Scotia (Minister of Education), 2003 SCC 62.
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