L.C. v. Toronto District School Board, 2011 HRTO 772

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

L.C. by his litigation guardian J.L.

Applicant

-and-

Toronto District School Board

Respondent

INTERIM DECISION

Adjudicator: Sherry Liang

Date: April 19, 2011

Citation: 2011 HRTO 772

Indexed as: L.C. v. Toronto District School Board

1This is an Application filed on March 26, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). The respondent has requested early dismissal of the Application on the basis that its subject-matter is the same or substantially the same as the subject-matter of a complaint that was previously filed with the Ontario Human Rights Commission. The applicant filed a prior complaint (HR-1252-07) which has been heard by the Tribunal; the parties are waiting a final decision.

2By Case Assessment Direction dated January 21, 2011 the Tribunal directed the parties to provide submissions on whether the Tribunal’s determination on the respondent’s Request to dismiss should be deferred pending the decision in the prior complaint. The parties are in agreement with the deferral.

3This Application is accordingly deferred pending a decision in Tribunal File No. HR-1252-07. Where a party wishes to proceed with an Application which has been deferred, the party must make a Request for an Order During Proceedings in accordance with Rule 19 within 60 days after the conclusion of the other proceeding (Rules 14.3 and 14.4).

4I am not seized of this matter.