R.T. v. Toronto District School Board, 2010 HRTO 1230

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

R. T. by his Next Friend Lilian Dixon

Applicant

-and-

Toronto District School Board

Respondent

INTERIM DECISION

Adjudicator: Jay Sengupta

Date: June 1, 2010

Citation: 2010 HRTO 1230

Indexed as: R.T. v. Toronto District School Board

1This is an Application filed September 23, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The applicant has listed the date of the last incident of discrimination as November 11, 2006. The respondent has filed a Request for Order During Proceedings seeking to have the Application dismissed as it was not filed within one year of the last incident of discrimination. The respondent school board further alleges that the applicant has not provided an explanation for the delay and asserts that it would be highly prejudiced were this Application allowed to proceed. The applicant did not file a Form 11 responding to the Request for Order and the time for doing so has now passed. In the Application, the applicant’s next friend states that she believed moving the applicant from the particular school environment might solve the problem and, as it has not, she has now filed.

3Section 34 of the Code reads:

34(1) If a person believes that any of his or her rights under Part I have been infringed, the person may apply to the Tribunal for an order under section 45.2,

(a) within one year after the incident to which the application relates; or

(b) if there was a series of incidents, within one year after the last incident in the series.

(2) A person may apply under subsection (1) after the expiry of the time limit under that subsection if the Tribunal is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay.

4The Tribunal finds it appropriate to receive the oral submissions from the parties on the issue of whether the Application should be dismissed on the basis of delay. The Registrar will schedule a one-hour hearing by teleconference call. At the hearing the parties may provide their submissions on the application of section 34(1) and (2) of the Code.

5The parties will deliver any additional documents or case law that they want the Tribunal to consider to each other and submit it to the Tribunal no later than 14 days prior to the teleconference.

6I am not seized.