Z.B. v. Ontario (Community and Social Services), 2011 HRTO 931

Human Rights Tribunal of Ontario

B E T W E E N:

Z.B. by his Litigation Guardian G.B. Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services Respondent

INTERIM DECISION

Adjudicator: Naomi Overend Date: May 13, 2011 Citation: 2011 HRTO 931 Indexed as: Z.B. v. Ontario (Community and Social Services)

Interim Decision

1This Interim Decision deals with the respondent’s Request for Order During Proceedings (Form 10) asking to amend its Response. The applicant has not filed a Response to the Request and the time for so doing has now passed.

2This Application alleges that the respondent discriminated against the applicant in the provision of services on the basis of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). The initial Response filed by the respondent asked for an early dismissal of the Application on the basis that the subject matter of the Application was the same as the subject matter of a complaint to the Ontario Human Rights Commission (“OHRC”), on which the applicant had signed a full and final release.

3In an Interim Decision, 2010 HRTO 1305, the Tribunal dismissed the respondent’s request on the basis that the applicant’s clarification that the allegations in the current Application only covered the period 2008-2009 (i.e., a period subsequent to the period covered by the OHRC complaint).

4As noted in its submissions on the Request to amend, the initial Response did not address the merits of the Application. The subsequent amendments, as found in the respondent’s supplement, do address the merits. By not responding to the Request, the applicant has failed to raise any issue of prejudice.

5The Tribunal is prepared to grant the request to amend in light of the sequence of events set out above and the apparent lack of prejudice to the applicant. Accordingly, this Response is amended to include the Supplement found at numbered pages 3-10 of the Request for Order During Proceedings.

6In addition, the respondent requests that the Application be dismissed on the basis that the applicant has failed to make out a prima facie case of discrimination. However, in light of the fact that the Tribunal has just granted the request to amend the Response, it is appropriate that the applicant be given until June 3, 2011 to file a Reply. The applicant is specifically directed to address the respondent’s request to dismiss in this Reply.

7In the event that the applicant files submissions, the Tribunal may deal with the request to dismiss in writing or may issue further directions to the parties. If the applicant does not communicate with the Tribunal by June 3, 2011, the Application may be dismissed as abandoned as against the respondent.

8I am not seized of this matter.