HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
A.D. by his next friend M.M.
Applicant
-and-
Toronto District School Board
Respondent
INTERIM DECISION
Adjudicator: Sherry Liang
Indexed as: A.D. v. Toronto District School Board
1This is an Application filed on June 18, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).
2This Interim Decision deals with Requests for an Order During Proceedings filed by the respondent and applicant respectively.
3The applicant, a minor, has been a student at schools within the Toronto District School Board (the “Board”). The Application alleges discrimination in the provision of education services on the ground of disability. It is said that the Board failed to accommodate the applicant’s learning disabilities throughout his years of education within the Board. The applicant moved to a private school in 2008. The applicant’s mother brings this Application on his behalf, as his next friend
4The Board has filed a Response stating that it fully accommodated the applicant’s learning disability. It has also filed a Request for particulars from the applicant. The Board states because of the applicant’s transfer to a private school, it no longer holds his Ontario Student Record (OSR). The OSR contains, among other things, all of the applicant’s Individual Education Plans. The Board states that it requires access to the applicant’s OSR in order to respond to the allegations in the Application and to prepare for the mediation and hearing. It requests that the OSR be produced by the applicant, to be used exclusively by the Board’s Legal Services Department in contemplation of litigation.
5The applicant, who is represented by counsel, states that he is willing to provide some of the relevant documents to the respondent, notwithstanding that he is not required to disclose relevant documents until 21 days following the Confirmation of Hearing Notice. The applicant seeks particulars from the respondent as to the documents it requires at this stage.
6On the basis of the material before it, the Tribunal finds it unnecessary to deal with the Board’s Request at this time. It leaves it to the parties to discuss and resolve the exchange of documents for the purpose of mediation. The Board may renew its Request following mediation if necessary.
7Through his next friend, the applicant has filed a Request asking that he and his mother be referred to by initials only for the purpose of this proceeding. He submits that this case requires the use of sensitive medical information, such as psychological reports, occupational therapist reports and other confidential information with respect to the accommodation of his learning disabilities The applicant states that he has moved to a new school, many of his fellow students may be unaware of his learning disabilities and there is be a stigma that could arise from publicity about the fact that a legal proceeding has been commenced on his behalf about those learning disabilities.
8The Board consents to the request for anonymization.
9On the basis of the material before me, including the consent of the Board, the Tribunal grants the applicant’s Request for anonymization. The Tribunal’s communications to the parties from this point forward, and any decisions in this matter, will use initials in place of the applicant’s name and the next friend’s name.
10I am not seized of this matter.
Dated at Toronto this 29th day of October, 2009.
“Signed by”
Sherry Liang
Vice-chair