Loriann Contini v. Rainbow District School Board, 2010 HRTO 241

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Loriann Contini

Applicant

-and-

Rainbow District School Board

Respondent

interiM DECISION

Adjudicator: Alison Renton

Date: February 2, 2010

Citation: 2010 HRTO 241

Indexed as: Contini v. Rainbow District School Board

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), on August 26, 2009. The Application alleges discrimination on the ground of disability pertaining to the area of goods, services and facilities. The applicant alleges that because of her own disability, she requires bussing services from the respondent for her grade school children to get to school despite the physical proximity of her house to the school.

2The respondent filed a Response dated November 9, 2009 as well as a Request for Order During Proceedings (“RFOP”) requesting that the Tribunal dismiss the Application on the basis that it is outside the jurisdiction of the Tribunal. The respondent submits that transportation services are not required under the Education Act, R.S.O. 1990, c. E.2, as amended. Further, transportation services are provided to students, not parents and there is no obligation on the part of the respondent to provide transportation services which benefit the applicant. The respondent also submits that the applicant’s husband, who is a teacher at the school, is equally responsible for the transportation of their children to school.

3The applicant filed a Response to the RFOP in which she submits that the Tribunal does have jurisdiction over the issues raised in her Application. She submits that the services being provided are not directly offered to the children, but to the parents of the children as taxpayers. She states that the issue is with herself and not her husband and that taking more responsibilities away from her is the root of the complaint. She alleges her self-worth and dignity are continually attacked within society and submits that the respondent has not taken into account the special needs of persons with disabilities.

4The Tribunal will schedule a half-day conference call hearing to hear the parties’ submissions on the issue of whether or not the Tribunal has jurisdiction over the issues raised in the Application and specifically whether the respondent provides “services” within the meaning of the Code to the applicant.

5If either party wishes to rely on any additional written materials (including written submissions, documents or case law) or facts not already before the Tribunal, they must deliver such additional material to the other party and file it with the Registrar within 21 days of the date of this Interim Decision. The Tribunal’s decisions are found at www.CanLII.org. Following the conference call hearing, the Tribunal will determine whether there is a basis to proceed with the Application, and may make further directions.

ORDER

6The Tribunal makes the following orders:

a) A half-day conference call hearing will be scheduled to hear the parties’ submission on whether the respondent provides “services” to the applicant.

b) The following directions shall apply to the conference call hearing:

a. The applicant should be prepared to proceed first at the conference call hearing, by responding to the written arguments of the respondent on the above question.

b. Any party who wishes to rely on any written materials (including written submissions, documents or case law) or rely on any facts not obtained in the Application, Response, Request for Order During Proceedings and Response to a Request for Order During Proceedings must deliver them to the other parties and file them with the Registrar within 21 days of the date of this Interim Decision.

7The Tribunal draws the applicant’s attention to the Applicant’s Guide, available on the Tribunal’s website or from the Registrar’s office. The Guide, at pages 2 – 3, provides a list of resources available to applicants appearing before the Tribunal.

8I am not seized of this matter.