James Gasparini v. The Durham Catholic District School Board, 2008 HRTO 52

1The applicant, James Gasparini, filed an application with the Tribunal on July 24, 2008, pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). He alleges that the respondent is discriminating against him on the basis of disability and family status in the provision of goods and services. He was issued a notice under the Trespass to Property Act, R.S.O. 1990, c. T.21 on October 18, 2006, which continues in effect, preventing him from entering on the premises of St. Anthony Daniel Catholic School (“St. Anthony Daniel”). Mr. Gasparini has understood that this prevents him from dropping off his son at his school bus, which he boards at St. Anthony Daniel for transportation to his French immersion school. The respondent school board filed with the Tribunal a letter to Mr. Gasparini dated July 30, 2008, in which it states that the trespass order does not prevent Mr. Gasparini from picking up his son or dropping him off at the school in order to access the bus.

2Mr. Gasparini asks that his application be expedited, pursuant to Rule 21 of the Tribunal’s Rules of Procedure for applications under Part IV of the Code. Mr. Gasparini indicated in his application that he is willing to engage in mediation, and counsel for the respondent advised in her response to the request to expedite that her client is willing to enter into mediation as soon as possible. In light of the above, the Tribunal will schedule a mediation date within the next two weeks. The Tribunal will determine the Request to Expedite Proceedings following the mediation if it does not result in a settlement. The Registrar’s office will contact the parties shortly to schedule the mediation on a mutually agreeable date. All time requirements under the Rules remain in effect, including the requirement for the respondent to deliver and file the Response to Application (Form 2) by August 29, 2008. I am not seized of this matter.