S.L.-M. v. York Region Dist. School Board (No. 1)
2009-02673-I
2010-01-27
2010 HRTO 153
HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Stephen Little-McClaken by his next friend Herily Little
Applicant
-and-
York Region District School Board, Ruth Lambert, Scott Yake, Clayton La Touche, Jossette Sassoon, Al Mainprize, Asah Rathod and Kathy Williams
Respondents
INTERIM DECISION
Adjudicator: Michelle Flaherty
Date: January 27, 2010
Citation: 2010 HRTO 153
Indexed as: Little v. York Regional District School Board
The Application, filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code") contains allegations of discrimination in the provision of goods, services or facilities on the basis of race, colour, ancestry, place of origin, ethnic origin, sex, family status, and marital status.
On October 28, 2009, the Tribunal administratively issued a Notice of Intent to Dismiss the Application against the individual respondents. The Notice stated:
Your completed Application brought on behalf of your son Stephen Little-McClaken names the following persons, among others, as individual respondents: Helene Rivard, S. Bablani, Dave Woods, Deborah Simms, Ron McWilliams and Kathy Williams. A review of the Application and the narrative setting out the incidents of alleged discrimination contains generalised allegations of discriminatory conduct by principals, teachers and others but fails to identify any specific acts of discrimination committed by the above individuals against your son. You must explain how each of these individuals has breached the Code and why it is necessary to have them remain as parties to the Application. Depending on your response the Tribunal may dismiss the Application against some or all of the respondents identified above.
On November 26, 2009, the applicant wrote to the Tribunal in response to the Notice. She advised that she wished to withdraw the Application against the following individual respondents: S. Bablani, Dave Woods, Deborah Simms, and Ron McWilliams.
In her submissions, the applicant provided details of her allegations against Helene Rivard, Kathy Williams, and Scott Yake.
The allegations of discrimination regarding Helene Rivard relate solely to the applicant's daughter, who is not named as a party in this proceeding.
The allegations of discrimination regarding Kathy Williams and Scott Yake relate to Stephen Little-McClacken. In her submissions, the applicant identifies specific allegations which, if accepted, could support a finding that these individuals violated the Code.
Accordingly, the Application is dismissed against the following individual respondents: Helene Rivard, S. Bablani, Dave Woods, Deborah Simms, and Ron McWilliams. The Application will proceed against the organizational respondent and the remaining individual respondents. The style of cause is amended accordingly.
I am not seized of this matter.
Dated at Toronto, this 27^th^ day of January, 2010.
"Signed By"
__________________________________
Michelle Flaherty
Vice-chair