Nicholas Sauvé v. Northern College of Applied Arts and Technology, 2010 HRTO 231

Human Rights Tribunal of Ontario

B E T W E E N:

Nicholas Sauvé Applicant

-and-

Northern College of Applied Arts and Technology Respondent

DECISION

Adjudicator: Kaye Joachim Date: February 2, 2010 Citation: 2010 HRTO 231 Indexed as: Sauvé v. Northern College of Applied Arts and Technology

1This is an Application filed March 31, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The purpose of this Decision is to address a Request for Order During Proceeding filed by the respondent requesting the Application be dismissed. The applicant did not file a Response.

3The original complaint filed with the Ontario Human Rights Commission in 2005, lists the applicant as Nicholas Sauvé ("N. Sauvé") by his litigation guardian Ron Sauvé ("R. Sauvé"), who is his father. The handwritten complaint alleges that the respondent failed to accommodate N. Sauvé's disability related needs during his college course.

4In an Interim Decision 2009 HRTO 2145 dated December 10, 2009, I ruled that the Tribunal was not satisfied that the applicant wished to pursue this Application. I directed the applicant to confirm in writing within 10 days of the receipt of the Interim Decision that he wished to pursue this Application and, if so, if he wished to designate a representative.

5The applicant did not respond. Instead, R. Sauvé wrote to the Tribunal on December 11, 2009 advising that he wished to litigate for his son because at the time when the applicant was at the respondent institution, his parents were the applicant's legal guardian. I note that N. Sauvé wrote to the respondent in February 2005 withdrawing his consent for the respondent to release any information about himself to his parents. In my view, this indicated that N. Sauvé wished to take responsibility for his situation with the respondent.

6I am satisfied that the applicant does not wish to continue this Application and it is therefore dismissed.