Schafer v. Toronto District School Board, 2009 HRTO 15

Human Rights Tribunal of Ontario

B E T W E E N:

Eli Schafer by his Litigation Guardian Reva Schafer
Applicant

-and-

Toronto District School Board, Georgina Balascas, Deb Massey and Rick Tarasuk
Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim
Date: January 7, 2009
Citation: 2009 HRTO 15
Indexed as: Schafer v. Toronto District School Board

1This is an Application dated October 31, 2008 under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The purpose of this decision is to identify the respondents to this Application.

2Section 53(3) applications must be based on the "subject-matter of the complaint" originally filed at the Commission. Only parties named in the original complaint are the parties to the Application. The complaint names only the Toronto District School Board and Balascas, Massey and Tarasuk as respondents. The Ministry of Education, Gerry Connolly and Sheila Ward are not named in the complaint and therefore are not properly respondents to this Application.

3Rule 5.15 provides that requests to add parties as a preliminary matter will only be considered in exceptional circumstances. If the applicant wishes to pursue this issue he should provide written submissions explaining the exceptional circumstances, deliver those submissions to all respondents and the persons he seeks to add and file them with the Tribunal together with completed Statements of Delivery (Form C).

4The parties are reminded that the Section 53(3) Rules contemplate that applications under section 53(3) of the Code be dealt with in an expedited manner.