The respondent school board brought a request for an order during proceedings to dismiss a human rights application alleging discrimination on the basis of disability, arguing it was duplicative of a separate application alleging breach of a prior settlement agreement.
The applicant, a student acting through his litigation guardian, opposed the dismissal but agreed to consolidation.
The Tribunal found that the terms of the settlement were sufficiently general that the applicant could potentially prove a breach of the Human Rights Code without proving a breach of the settlement.
Accordingly, the Tribunal denied the request to dismiss the discrimination application but granted the request to consolidate the two applications to be heard together.