A.D. v. Club Cranberry Vacations Inc., 2011 HRTO 2134

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

A.D.

Applicant

-and-

Club Cranberry Vacations Inc.

Respondent

INTERIM DECISION

Adjudicator: Eric Whist

Date: November 25 , 2011

Citation: 2011 HRTO 2134

Indexed as: A.D. v. Club Cranberry Vacations Inc.

1This Interim Decision addresses the Request for an Order during Proceedings (“RFOP”) made by the applicant asking that the Tribunal protect her and her children’s identities by referring to them by their initials. The RFOP submits that the applicant’s hearing is likely to involve considerable evidence about the applicant’s mental health and to the role the local Children’s Aid Society has played in relation to the applicant’s children. The respondent has indicated that it is not opposed to this request.

2A hearing has been scheduled in this matter for December 8 and 9, 2011.

3Rules 3.11 and 3.11.1 of the Tribunal’s Rules of Procedure state that:

3.11 The Tribunal may make an order to protect the confidentiality of personal or sensitive information where it considers it appropriate to do so.

3.11.1 Unless otherwise ordered, the Tribunal will use initials in its decisions to identify children under age 18 and the next friend of children under 18. It may use initials to identify other participants in the proceeding if necessary to protect the identity of children.

4The Tribunal is committed to the principles of an open, transparent adjudicative process. However, having considered the materials currently before me I accept that there is likely to be evidence presented at the applicant’s hearing that would reveal sensitive information about herself and her children. In my view this is a case in which it is appropriate, pursuant to Rule 3.11.1, that the Tribunal refer to the applicant and her children by their initials in order to protect the identity of the applicant’s children. This anonymization will be applied in all Tribunal decisions related to this case including any past decisions.