A.N. v. Hamilton-Wentworth District School Board, 2010 HRTO 2084

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

A.N. by her next friend M.N. Applicant

-and-

Hamilton-Wentworth District School Board Respondent

A N D B E T W E E N:

B.W. Applicant

-and-

Hamilton-Wentworth District School Board Respondent

INTERIM DECISION

Adjudicator: Brian Eyolfson Date: October 14, 2010 Citation: 2010 HRTO 2084 Indexed as: A.N. v. Hamilton-Wentworth District School Board

INTRODUCTION

1This Interim Decision determines the applicants’ request to consolidate their Applications, in Tribunal File Numbers 2009-02887-I and 2010-06411-I, and addresses the adjournment of hearing dates in Tribunal File Number 2009-02887-I.

2The applicant, A.N., is a student enrolled in one of the respondent’s schools. The applicant, B.W., is A.N.’s mother. B.W. is a teacher employed by the respondent at the same school that A.N. currently attends. Both applicants are now represented by M.N., who is A.N.’s father.

REQUESTS TO CONSOLIDATE AND ADJOURN

3The applicant, A.N. by her next friend M.N., filed an Application (File Number 2009-02887-I) under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on July 10, 2009. The Application alleges discrimination on the basis of ethnic origin, disability, family status and association with a person identified by a ground, in the area of goods, services and facilities. More particularly, the Application includes allegations that the respondent violated A.N.’s rights under the Code by: failing to provide her with appropriate accommodations relating to her disability; refusing to allow her to be placed in her mother’s special education class; and, failing to take steps to engage her parents in a dialogue concerning the manner in which the respondent would seek to accommodate A.N.’s disability-related needs.

4On June 1, 2010, the Tribunal delivered a Confirmation of Hearing to the parties. A hearing in Application File Number 2009-02887-I is currently scheduled for October 20, 21 and 22, 2010.

5On July 29, 2010, the applicant, B.W., filed an Application (File Number 2010-06411-I) under s. 34 of the Code, alleging discrimination on the basis of family status and reprisal in the area of goods, services and facilities. In her Application, B.W. requests that A.N.’s Application and “Statement of Issues” be accepted as background to her Application and that both Applications be joined.

6On October 7, 2010, the applicants’ representative filed a Request for an Order During Proceedings (“Request”) that both Applications be consolidated and heard together. The Request submits, among other things, that much of the evidence in both cases is the same and that consolidation would save a lot of time for all parties. The applicants’ representative indicated in the Request that it was his assumption that if the two Applications were consolidated the October 20, 2010 hearing date would be postponed.

7In correspondence to the Tribunal and the parties, dated October 8, 2010, the respondent submits that the two matters are closely related and there will likely be a substantial degree of overlap in the evidence was well as the witnesses. The respondent agrees, therefore, that the two Applications ought to be heard together by the same adjudicator. The respondent also requested that the hearing scheduled for October 20, 21 and 22, 2010 be adjourned and rescheduled to another date to allow the two matters to be dealt with together. The respondent confirmed that the parties agreed to a postponement.

DECISION

8Pursuant to Rule 1.7(d) of the Tribunal’s Rules of Procedure, the Tribunal may consolidate or hear Applications together in order to provide for the fair, just and expeditious resolution of any matter before it.

9In the present case, there appears to be considerable overlap in the facts and issues in the two Applications. The respondent is the same in both Applications and the applicants are in a parent-child relationship. In all of the circumstances, including the consent of the parties, I am satisfied that there is a strong public interest in consolidating and hearing these matters together, and thereby avoiding inconvenience to witnesses and the repetition of evidence that would be involved in hearing these matters separately.

10In light of my decision that the Applications be consolidated and heard together, it is also my view that the October 2010 hearing dates in Tribunal File Number 2009-02887-I should be adjourned in order for the parties to prepare for the hearing of the Applications together. The respondent’s Response to the Application in Tribunal File Number 2010-06411-I was only due on October 7, 2010, and the respondent has requested a brief extension of time to file its Response. Deadlines have not yet been set for the parties to disclose arguably relevant documents and witness lists in Tribunal File Number 2010-06411-I. The Tribunal must ensure that the parties have appropriate notice of the hearing and time to prepare. In light of the fact that the Applications are being consolidated within one week of the currently scheduled hearing dates, granting an adjournment is appropriate in these exceptional circumstances.

ORDERS

11The Tribunal makes the following Orders:

(a) The Applications in Tribunal File Numbers 2009-02887-I and 2009-06411-I are consolidated and will be heard together.

(b) The October 20, 21 and 22, 2010 hearing dates in Tribunal File Number 2009-02887-I are adjourned. The Tribunal will issue a new Confirmation of Hearing in respect of both Applications.

(c) The respondent’s request for an extension to file its Response (Form 2) in Tribunal File Number 2010-06411-I, until October 15, 2010, is granted.

12I am not seized.