B.A.S v. Ryerson University, 2009 HRTO 1407

Human Rights Tribunal of Ontario

B E T W E E N:

B.A.S Applicant

-and-

Ryerson University, Department of Admissions, Ryerson University, Spanning the Gaps Program, Ryerson University and O’Neil Edwards Respondents

INTERIM DECISION

Adjudicator: Michael Gottheil Date: September 4, 2009 Citation: 2009 HRTO 1407 Indexed as: B.A.S v. Ryerson University

1This is an Application filed on August 21, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The applicant alleges that he has been discriminated against on the ground of disability in the provision of education services. He alleges that following his diagnosis with HIV, Ryerson University (Ryerson) failed to accommodate his medical condition by, among other things, refusing to reschedule an exam and refusing to accept his application for an education program that he wished to start in September, 2009.

2The Application is accompanied by a Request to Expedite Proceedings, a Request for an Interim Remedy and a Request for an Order During Proceedings. Responses to all the Requests have been filed by the respondents.

3In the Request for an Order During Proceedings, the applicant requests that this proceeding be anonymized and that he be referred to by his initials only in any decisions relating to the Application. The respondents consent to the Request. In support of the Request the applicant submits that HIV/AIDS continues to carry a heavy burden of stigma and discrimination. Many HIV positive people, it is said, continue to suffer various forms of discrimination and stigma. He states that if his HIV status becomes public knowledge it could result in significant negative consequences in his life.

4The Tribunal grants the request for anonymization. The applicant will be referred to by his initials only in any decisions of the Tribunal in this proceeding.

5The Tribunal determines that it will hold a hearing to receive oral submissions from the parties on the Request to Expedite, Request for an Interim Order, as well as on the respondents’ request to remove all respondents except for Ryerson University. At the hearing, the Tribunal may question the parties or counsel in order to obtain further information necessary to determine the Requests.

6The Declaration filed by the applicant, and the Declaration filed by the respondents, provide very different versions of events on a number of factual issues which may be central to the determination of the Requests. The Tribunal directs the applicant to provide a Reply to the respondents’ Responses to the Request to Expedite and Request for an Interim Order, which must state in a declaration which facts asserted by the respondents he agrees with, which ones he disputes and if he disputes any facts, his alternative version of those facts. The applicant’s Reply must be provided to the other parties and the Tribunal by 5 p.m. on Wednesday, September 9.

7The hearing of this matter will take place on Friday, September 11, 2009, commencing at 9:30 a.m., at the Tribunal’s Hearing Centre, 655 Bay Street, Toronto.

8I am not seized of this matter.