Corrigan v. Peterborough Victoria Northumberland and Clarington Catholic District School Board, 2008 HRTO 85

Human Rights Tribunal of Ontario

B E T W E E N:

Peter Corrigan by his Substitute Decision Maker Joan Corrigan

Applicant

-and-

Peterborough Victoria Northumberland and Clarington

Catholic District School Board, John Miller and Christopher McCarney

Respondents

INTERIM decision

Adjudicator: Sherry Liang

Date: September 18, 2008

Citation: 2008 HRTO 85

Indexed as: Corrigan v. Peterborough Victoria Northumberland and Clarington Catholic District School Board

Human Rights Tribunal of Ontario

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Reasons for Decision

1This is an Application filed on June 30, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The Application was filed on the applicant’s behalf by his mother, Joan Corrigan, who is named as his litigation guardian or substitute decision-maker.

2In the Response, the respondents ask the Tribunal to dismiss the Application because another proceeding has appropriately dealt with the substance of the Application. The respondents also ask the Tribunal not to deal with the Application because of the delay in filing it. The Response provides information and documents in support of these requests. The applicant filed a Reply responding to the issues raised by the respondents.

3In the circumstances the Tribunal does not require the respondents to file a Request for Order During Proceedings under Rule 19 of the Rules of Procedure.

4The Registrar is directed to schedule a telephone conference call. The purpose of this call is to hear the submissions of the parties on the respondents’ requests and specifically, on the applicability of sections 45.1 and 34(1) and (2) of the Code.

5If any of the parties wishes to rely on case law or other supporting material during the call, they are directed to deliver this material to each other, and to the Tribunal, by no later than two weeks before the date scheduled for the conference call.