Sauve v. Northern College of Applied Arts and Technology, 2009 HRTO 1357

Human Rights Tribunal of Ontario

Between:

Nicholas Sauve Applicant

-and-

Northern College of Applied Arts and Technology Respondent

Interim Decision

Adjudicator: Kaye Joachim Date: August 28, 2009 Citation: 2009 HRTO 1357 Indexed as: Sauve v. Northern College of Applied Arts and Technology

Reasons for Decision

1This is an Application filed March 31, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). Mediation is scheduled for September 22, 2009.

2The purpose of this Interim Decision is to address a Request for Order During Proceeding filed by the respondent on August 26, 2009 requesting further particulars prior to the mediation. As the Request is being denied, I did not await any responding submissions from the applicant.

3The Application, originally filed as a complaint with the Ontario Human Rights Commission in 2005, alleges that the respondent failed to accommodate the applicant's disability related needs during his college course. The respondent asks the Tribunal to order the applicant to deliver to the respondent a copy of the original complaint because the applicant had more than one complaint at the Commission and the applicant did not deliver a copy of the complaint with his Application. The applicant did not initially attach a copy of the original complaint to the Application. However, he referred to Complaint File No. LHOR-6G7NCT. He subsequently filed that complaint with the Tribunal. The Tribunal confirms that the complaint File No. LHOR-6G7NCT is the subject matter of the present application. For greater certainty, the Tribunal has enclosed a copy of the complaint with this Interim Decision.

4The respondent also seeks particulars including the names of the persons who allegedly yelled at the applicant in class, the number of times he was yelled at, what was said and the name of the special needs worker referred to in the Application.

5I am not satisfied that these particulars are required prior to mediation. The Tribunal's Rules provide for production and statements of additional facts where mediation does not resolve the Application and requests for particulars prior to mediation are discouraged. Mediation is a voluntary process and if the respondent does not wish to participate based on the information they have now, they may decline to do so. I note that the respondent was able to file a detailed response to the original complaint in 2005. The Requests for Orders are denied. The respondent is directed to confirm to the Transition-Registrar within seven days of receipt of the date of this Interim Decision whether they intend to participate at the mediation scheduled for September 22, 2009.