Law360 Canada ( September 18, 2018, 8:39 AM EDT) -- Appeal by the plaintiffs from trial judgment allowing their action in part. Cross-appeal by the Province from the award of $6 million in Charter damages for transportation costs. The plaintiffs had sought various remedies alleging the Province breached their right to minority-language education under s. 23 of the Charter by not adequately funding French-language education. While the trial judge awarded the plaintiffs $6 million arising from the Province’s failure to fund transportation costs, the judge declined to order that the Province immediately fund the significant number of capital projects totaling about $300 million requested by the plaintiffs or make declarations to that effect. The judge rejected that relief largely because she determined that rightsholders were not entitled to the requested facilities on the grounds of pedagogy and cost. The plaintiffs now challenged the judge’s analysis on a variety of grounds, but principally on the basis that she was wrong to conclude that the plaintiffs were not entitled to the approximately $300 million in educational capital projects they had requested. The plaintiffs argued the trial judge committed several legal errors in her analysis of whether s. 23 was infringed in the various ways alleged, whether any infringements were justified under s. 1, and the remedies she ordered for certain other discrete breaches she found. The plaintiffs’ fundamental complaint on appeal was that the judge erred in not finding rightsholders were entitled to the level of facilities that would justify the projects requested in their statement of claim. The Province cross-appealed the $6 million Charter damages award related to inadequate transportation funding....