Dr. Michael Allan

The applicant, a student with multiple disabilities including learning disabilities, ADHD, and anxiety, alleged that the Toronto District School Board discriminated against him by failing to accommodate his disability-related needs to the point of undue hardship.

The applicant sought funding for a private residential school placement with a focus on elite sports, arguing it was necessary for his accommodation.

The Tribunal found that while providing a residential school placement is outside the school board's legislated mandate, the board nevertheless failed to accommodate the applicant during his Grade 9 year by delaying or failing to provide available supports such as social work, attendance counselling, and alternative placement discussions.

The Tribunal awarded $35,000 for injury to dignity, feelings, and self-respect, but denied compensation for the private school tuition.

The applicant in a human rights proceeding alleging discrimination based on disability brought two requests for orders during proceedings.

First, the applicant sought to admit the testimony of a former NHL player as an expert in the lived experience of anxiety-based mental illness.

The Tribunal denied this request, finding the proposed witness did not meet the Mohan criteria for expert evidence, as his personal experiences were not directly relevant to the applicant's specific educational context and did not qualify him to give opinion evidence.

Second, the applicant requested the disclosure of two letters written by his teachers to a private boarding school.

The Tribunal declined to order production because the respondent could not locate the documents, noting the applicant could question the teachers at the hearing or seek to introduce the letters later if obtained from the boarding school.