Tania Thomas v. Bannockburn School, 2008 HRTO 218

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tania Thomas

Applicant

-and-

Bannockburn School

Respondent

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: November 3, 2008

Citation: 2008 HRTO 218

Indexed as: Thomas v. Bannockburn

Human Rights Tribunal of Ontario 655 Bay Street, 14th 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

1This is an Application filed October 16, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (“the Code”).

2The Application has not yet been delivered to the respondent because it appears that there may be issues which affect the Tribunal’s jurisdiction to deal with the merits of the Application. This interim decision addresses this preliminary jurisdictional question.

3The Application indicates that a civil court action has been commenced, which pleads a violation of the Code and seeks damages for the alleged violation of the Code. A copy of the statement of claim was filed with the Tribunal as part of the Application. Section 34(11) of the Code provides, in part:

(11) A person who believes that one of his or her rights under Part I has been infringed may not make an application under subsection (1) with respect to that right if,

(a) a civil proceeding has been commenced in a court in which the person is seeking an order under section 46.1 with respect to the alleged infringement and the proceeding has not been finally determined or withdrawn….

4As a result, the Tribunal determines that it is appropriate to receive submissions with respect to whether, in the circumstances, this Application is barred by virtue of section 34(11) of the Code. The Tribunal makes the following Order:

a. By November 14, 2008, the applicant shall deliver to the respondent and file with the Tribunal submissions on whether this Application is barred by virtue of section 34(11) of the Code, and whether the Tribunal has jurisdiction to deal with the merits of this Application;

b. By November 28, 2008, the respondent shall deliver to the applicant and file with the Tribunal a response to the submissions of the applicant on whether this Application is barred by virtue of section 34(11) of the Code, and whether the Tribunal has jurisdiction to deal with the merits of this Application;

c. By December 5, 2008, the applicant shall deliver and file a reply to the submissions of the respondent, if any;

d. The Registrar shall send the respondent a copy of the Application, along with this decision;

e. The respondent is not required to file a Response to the Application until so directed by the Tribunal.

5I am not seized of this matter.