HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Shawn Hergott
Applicant
-and-
Trent University and Christine Mckinnon
Respondents
INTERIM DECISION
Adjudicator: Sheri D. Price
Indexed as: Hergott v. Trent University
1This is an Application filed September 16, 2008 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) alleging discrimination on the basis of disability in respect of education. This interim decision addresses the applicant’s request to add Trent University as a respondent in this matter.
2The applicant has filed a request for an Order adding Trent University as a respondent in this matter, pursuant to Rule 19 of the Tribunal’s Rules of Procedure. The personal respondent consents to the applicant’s request to add Trent University as a party to the proceeding. Trent University similarly consents to being added as a respondent. Counsel for the personal respondent and Trent University are one and the same.
3The Code identifies the parties to a proceeding before the Tribunal:
The parties to an application under section 34 or 35 are the following:
In the case of an application under subsection 34 (1), the person who made the application.
In the case of an application under subsection 34 (5), the person on behalf of whom the application is made.
In the case of an application under section 35, the Commission.
Any person against whom an order is sought in the application.
Any other person or the Commission, if they are added as a party by the Tribunal.
4As a remedy in the Application, the applicant seeks, among other things, orders reinstating him as a student of Trent University and reinstating certain courses to his academic record. These are orders sought against Trent University as an educational institution. Accordingly, having regard to the consent of the parties, and pursuant to section 36 of the Code, Trent University is hereby added as a respondent in this proceeding. The style of cause is hereby amended accordingly.
5I am not seized of this matter.
Dated at Toronto, this 23rd day of December, 2008.
“Signed By”
Sheri D. Price
Vice-Chair