HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kenneth Baldwin
Applicant
-and-
Thames Valley District School Board and Carolyn May
Respondents
INTERIM DECISION
Adjudicator: Kaye Joachim
Indexed as: Baldwin v. Thames Valley District School Board
1This is an Application filed October 20, 2008, under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The purpose of this Interim Decision is to address the applicant’s Request for a Tribunal Ordered Inquiry. The Case Resolution Conference (hearing) in this matter is scheduled for August 16, 2010, to hear the preliminary issue whether the subject matter of the Application has been settled or otherwise appropriately dealt with.
2On May 6, 2010, the applicant filed the present Request for a Tribunal Ordered Inquiry to determine what barriers and obstacles exist to his return to work as a teacher.
3The Tribunal has the authority to order an inquiry by section 44 of the Code in certain circumstances:
44(1) At the request of a party to an application under this Part, the Tribunal may appoint a person to conduct an inquiry under this section if the Tribunal is satisfied that,
(a) an inquiry is required in order to obtain evidence;
(b) the evidence obtained may assist in achieving a fair, just and expeditious resolution of the merits of the application; and
(c) it is appropriate to do so in the circumstances.
4The Tribunal has not yet exercised the power granted in this section of the Code and has yet to determine the circumstances where such an inquiry will be appropriate. However, a Tribunal ordered inquiry will not be a routine event. In this case, it is premature to embark on any inquiry until the preliminary issues have been determined.
5The Request for a Tribunal Ordered Inquiry is denied.
Dated at Toronto, this 12th day of May, 2010.
“Signed by”
Kaye Joachim
Alternate Chair