Huo v. University of Western Ontario, 2008 HRTO 236

Human Rights Tribunal of Ontario

B E T W E E N:

Jing Huo Applicant

-and-

University of Western Ontario School of Physical Therapy, University of Western Ontario Faculty of Graduate Studies, Jayne Garland, Stephen Sims, M. Davenport, C. Beynon, M. Usselman, and R. Macmillan Respondents

INTERIM DECISION

Adjudicator: Faisal Bhabha Date: November 5, 2008 Citation: 2008 HRTO 236 Indexed as: Huo v. University of Western Ontario

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 Free 1-866-355-6099 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca

1The applicant, Jing Huo, filed an Application with the Tribunal on September 30, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"), claiming that he was discriminated against on the basis of his disability.

2The applicant alleges that he was forced to withdraw from the University of Western Ontario's School of Physical Therapy ("PT") as a result of the respondents' breaches of the Code. Withdrawal from the program stemmed from Mr. Huo's poor academic performance and allegations of academic dishonesty, which he argues were caused and exacerbated by the respondents' failure to accommodate his disability and their enforcement of a discriminatory disciplinary and appeals process.

3This interim decision concerns a Request for Order, filed by the applicant on October 9, 2008, asking to amend his Application. Specifically, the applicant seeks an order adding the specific remedy of "reinstatement in the University of Western Ontario's Physical Therapy programme."

4The respondents were given 14 days from the date of delivery of the Request to file responding submissions, and have not done so.

5In addition to a public interest remedy, financial compensation and a letter of apology, the applicant also seeks reinstatement to the program. The applicant argues that this relief was implied in his Application, where he included the request for: "A notice to the student body of the School of Physical Therapy informing them of my reinstatement to the program without releasing any confidential medical information". This remedy would be meaningless, and indeed misleading, absent a remedy of actual reinstatement to the program.

6In view of the stage at which this request to amend is made, the nature of the amendment and the absence of any apparent prejudice, I see no reason to deny the applicant's Request. I order that the Application be amended accordingly. If the respondents require more time to file a Response as a result of this order, they are directed to make their request in writing.

7I am not seized of this matter.