HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
M. O. by his next friend J. O.
Applicant
-and-
Ottawa Catholic School Board
Respondent
INTERIM DECISION
Adjudicator: Brian Cook
Indexed as: M.O. v. Ottawa Catholic School Board
1The applicant filed an Application with the Tribunal on August 19, 2009, pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2M. O. has a disability. He is currently attending an assessment program at a school, operated by the Ottawa Catholic School Board, the respondent in the Application. He also has been receiving therapy at a private institution, and continues with treatment there in the mornings. He attends the assessment program in the afternoon. The Application concerns the need for transportation between the private institution and the school.
3According to the Application, the respondent provides transportation if the pick-up location and/or destination is home or a licensed daycare. Since the Portia Learning Centre is not a daycare facility, the respondent has not agreed to provide transportation.
4The applicant asks that the Application be expedited pursuant to Rule 21 of the Tribunal's Rules of Procedure for applications under Part IV of the Code. The Application was filed in August in anticipation of the start of the school year and the need to resolve the transportation issue. The school year has now started. The Application states that it is necessary to arrange private transportation which is very difficult to arrange and disruptive for the family. The applicant is willing to participate in mediation.
5The respondents filed a Response to Request to Expedite Proceedings and indicated that it does not oppose the Request to Expedite. The respondent has also indicated a willingness to engage in mediation. The respondent has not yet filed a Response to the Application, and that Response must be filed no later than October 6, 2009.
6In Weerawardane v. 2152458 Ontario Ltd., 2008 HRTO 53, the Tribunal held that, for a request to expedite to be granted, the applicant must demonstrate that the circumstances are truly urgent, requiring the resolution of the human rights dispute in a particularly rapid manner as compared with the time required to complete the Tribunal's regular process.
7In light of the circumstances of this case, the Tribunal will schedule a mediation date within the next two weeks. The Registrar's office will contact the parties to schedule the mediation on a mutually agreeable date. If the matter does not settle at mediation, the Tribunal may give further directions following that time regarding the next steps in respect of the applicant's request that the proceedings be expedited.
8All 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 October 6, 2009.
9I am not seized of this matter.
Dated at Toronto, this 15th day of September, 2009.
"Signed by"
Brian Cook
Vice-chair