Appelton v. Law School Admission Council, 2011 HRTO 1618

Human Rights Tribunal of Ontario

Between:

David Appelton Applicant

-and-

Law School Admission Council Respondent

Interim Decision

Adjudicator: Ian R. Mackenzie Date: August 30, 2011 Citation: 2011 HRTO 1618 Indexed as: Appelton v. Law School Admission Council

1David Appelton filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in services on the basis of disability.

2A Notice of Intent to Dismiss (“NOID”) the Application was issued on August 4, 2011, because the events described in the Application did not appear to be connected to Ontario. The respondent, the Law School Admission Council (“LSAC”), appeared to be an organization owned and operated in the United States.

3The applicant submitted that the service was offered in Ontario and the accommodation being sought was in Ontario, so the Tribunal did have jurisdiction. The applicant relied on the following decisions, among others: Weisenthal v. Law School Admission Council, 2010 HRTO 954; Cohen v. Law School Admission Council, 2011 HRTO 703; and Arenson v. Law School Admission Council, 2010 HRTO 38.

4In Arenson and in Cohen, the Tribunal held that the LSAC provided a service in Ontario.

5I find that it is not plain and obvious that the Application should be dismissed. This is not a final decision on the jurisdiction of the Tribunal.

6The Tribunal shall proceed with the processing of the Application. Pursuant to Rule 13.4 of the Tribunal’s Rules of Procedure, the Application, a copy of this Interim Decision, the applicant’s submissions on the jurisdiction issue and all correspondence between the Tribunal and the applicant on the jurisdiction issue, together with a Notice of Application, will be provided to the respondents.

7I am not seized.