Dr. Frances Marinic-Jaffer

The respondent school board brought a preliminary motion to dismiss the appellant's appeal regarding the special education placement of their child.

The appellant sought 1:1 support, an issue previously decided by the Tribunal to be outside its jurisdiction.

The appellant had also filed multiple applications with the Human Rights Tribunal of Ontario seeking the same relief.

The Tribunal found the appeal to be an abuse of process due to re-litigation and seeking remedies outside its jurisdiction.

The appeal was dismissed, and the appellant was declared a vexatious litigant.

The appellant requested an order compelling the respondent school board to retrieve and produce recordings of a Special Education Appeal Board (SEAB) hearing.

The recordings had been deleted after 120 days in accordance with the respondent's policy, though the appellant's counsel had previously received links to them.

The Tribunal denied the request, finding that discussions between counsel and the SEAB were not relevant or admissible evidence for the Tribunal proceeding, and that issues regarding the Health Care Consent Act and Human Rights Code raised by the appellant were outside the Tribunal's jurisdiction.