HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Peter Corrigan by his Substitute Decision Maker Joan Corrigan Applicant

-and-

Peterborough Victoria Northumberland and Clarington Catholic District School Board, John Miller and Christopher McCarney Respondents

INTERIM DECISION

Adjudicator: Sherry Liang Date: October 30, 2008 Citation: 2008 HRTO 212 Indexed as: Corrigan v. Peterborough Victoria Northumberland and Clarington Catholic District School Board

Human Rights Tribunal of Ontario 655 Bay Street, 14^th Floor Toronto ON M7A 2A3 Phone (416) 326-1312 / 1-866-598-0322 / Fax (416) 326-2199 / Toll Free1-866-355-6099 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca

APPEARANCES

Peter Corrigan by his Substitute Decision-Maker Joan Corrigan, Applicant By: Elle Venhola, Counsel

Peterborough Victoria Northumberland and Clarington Catholic District School Board, John Miller and Christopher McCarney, Respondents By: Melanie Warner, Counsel

[1] This is an Application filed on June 30, 2008 under section 34 of Part IV of the *Human Rights Code*, R.S.O. 1990, c. H.19 as amended (the "Code"). The Application was filed on the applicant's behalf by his mother, Joan Corrigan, who is named as his litigation guardian or substitute decision-maker.

[2] In a previous Interim Decision [see: [2008 HRTO 85](https://www.minicounsel.ca/hrto/2008/85)], the Tribunal directed a conference call to be scheduled in this matter to hear the submissions of the parties on preliminary issues raised by the respondents.

[3] At the conference call, held October 29, 2008, counsel for the applicant requested an adjournment of the hearing on the basis that notice of the call had been received by herself and by her client with insufficient time to prepare. This request was unopposed.

[4] The Tribunal confirms the following directions and agreements reached at the conference call:

• The conference call is re-scheduled to November 28, 2008, starting at 10 a.m. The purpose of this call is to hear the preliminary issues raised by the respondents under sections 45.1 (substance of application appropriately dealt with in another proceeding) and 34(1) and (2) (delay in filing the Application). Dial-in arrangements previously sent to the parties may be used for the purpose of this re-scheduled call.
• Counsel for the respondents will send a copy of the respondents' Document Brief to counsel for the applicant forthwith.
• If the applicant wishes to rely on any additional documents at the hearing of the preliminary issues on November 28, these documents are to be sent to counsel for the respondents and to the Tribunal by November 14.
• The parties will provide any case law that they intend to rely on to each other and to the Tribunal by November 14.
• The parties will discuss with each other the issue of whether Joan Corrigan may properly bring this Application on behalf of her son on the basis of a Power of Attorney over Property, as indicated in the Application. If the respondents wish to challenge Joan Corrigan's ability to bring the Application in this manner, they will file a Request for Order During Proceedings by November 14. The applicant may respond to this Request by November 21, and the Tribunal will hear the parties' submissions on the issue on November 28, in addition to the other preliminary issues.
• If the applicant chooses to file this Application under section 34(5), a new Form 4 with the necessary consent will be provided as soon as possible.
• The parties may not rely on any documents that have not been disclosed in accordance with these directions at the hearing of the preliminary issues, without permission of the Tribunal.

[5] Counsel for the applicant will send the Tribunal the applicant's new contact information, in writing forthwith. The parties are reminded of the requirements of Rule 1.13 of the Tribunal's Rules of Procedure:

A party and a party's representative must notify the Tribunal and all parties and their representatives, in writing, of any change in their contact information, as soon as possible.

Dated at Toronto, this 30^th day of October, 2008.

"Signed By"

Sherry Liang Vice Chair