McFarlane v. Simcoe County District School Board, 2011 HRTO 1803

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Judith McFarlane

Applicant

-and-

Simcoe County District School Board

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Date: October 4, 2011

Citation: 2011 HRTO 1803

Indexed as: McFarlane v. Simcoe County District School Board

1The applicant filed two Applications on behalf of her sons on January 10, 2011 alleging discrimination in the provision of services, contrary to the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The purpose of this Interim Decision is to determine whether these two Applications should be consolidated.

2Rule 1.7(d) of the Tribunal’s Rules of Procedure states that, in order to provide for the fair, just and expeditious resolution of any matter before it, the Tribunal may consolidate or hear Applications together. In Persaud v. Toronto District School Board, 2008 HRTO 25 the Tribunal adopted the decision of the Canadian Human Rights Tribunal in Lattey v. Canadian Pacific Railway, 2002 45928 (CHRT), which set out the factors that should be considered in deciding whether to consolidate or hear proceedings together:

(a) The public interest in avoiding a multiplicity of proceedings, including considerations of expense, delay, the convenience of the witnesses, reducing the need for the repetition of evidence, and the risk of inconsistent results;

(b) The potential prejudice to the respondents that could result from a single hearing, including the lengthening of the hearing for each respondent as issues unique to the other respondent are dealt with, and the potential for confusion that may result from the introduction of evidence that may not relate to the allegations specifically involving one respondent or the other; and

(c) Whether there are common issues of fact or law.

3There is a great deal of overlap with respect to these two Applications. There is a compelling public interest in avoiding a multiplicity of proceedings and, accordingly, the Tribunal orders these Applications consolidated.

4I am not seized of this matter.