HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ariane Blais by her next friends Diane Blais and Richard Blais
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Education
Respondent
INTERIM DECISION
Adjudicator: David Muir
Date: November 13, 2008
Citation: 2008 HRTO 261
Indexed as: Blais v. Ontario (Education)
Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto, ON M7A 2A3 Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322 TTY (416) 314-2379 / (toll free) 1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca
[1] This is an Application dated September 19th, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). On October 27th, 2008 the respondent filed its Response to the Application.
[2] The applicant was a plaintiff in Wynberg v. Her Majesty the Queen in Right of Ontario ("Wynberg"). The respondent takes the position that all of the claims advanced in this Application were fully adjudicated and disposed in Wynberg, and seek its dismissal on a number of alternative grounds, including s. 45.1 of the Code.
[3] The respondent also takes the position that the Sudbury Catholic District School Board (the "Board") is the proper respondent to the Application. The Board is the entity from whom the applicant sought accommodation in the form of special education programs and services. An Application against the Board has been filed with the Tribunal. The issue of whether these two Applications ought to proceed together may be considered by the Tribunal at a later date.
[4] Section 53(4) of the Code required the Tribunal to establish rules to determine section 53(3) applications expeditiously. In accordance with this statutory mandate, the Tribunal developed a process whereby it was expected that the first step in a section 53(3) application would be mediation at an early date. If mediation were unsuccessful, the mediator would also assist the parties to complete a mediation checklist to assist in the processing of the application for hearing at a case resolution conference. This process is set out in the Tribunal's Guide to Section 53(3) applications and the Rules of Procedure for Applications under Section 53(3) of the Human Rights Code (Rule 8).
[5] In this context the expectation is that most section 53(3) applications will be scheduled for mediation prior to the hearing and determination of preliminary matters. However, the Tribunal retains the discretion to control its process and will hear preliminary requests prior to the mediation in appropriate circumstances. Rule 4.1 provides that the Tribunal may exercise any of its powers under these Rules on its own initiative. Rule 4.3(d) provides that the Tribunal may determine and direct the order in which issues in a proceeding will be considered and determined.
[6] In this case, I find that it is appropriate to address the respondent's preliminary issue prior to mediation
[7] The respondent is directed to file its submissions with respect to the requests for early dismissal of the Application within 30 days of this decision.
[8] The applicant is directed to file her responding submissions, if any, to the respondent's submissions within 30 days of receipt of the respondent's submissions.
[9] The respondent is directed to file any reply within 10 days of receipt of the applicant's submissions.
[10] The parties are directed to provide the Registrar-Transition, within 10 days of the date of this decision, with their availability in February 2009 for a one day case resolution conference to hear oral submissions with respect to the above matters.
Dated at Toronto, this 13th day of November, 2008.
"Signed by"