Terri Beatty v. Halton District School Board and Halton Student Transportation Services, 2012 HRTO 2355

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Terri Beatty

Applicant

-and-

Halton District School Board and Halton Student Transportation Services

Respondents

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: December 17, 2012

Citation: 2012 HRTO 2355

Indexed as: Beatty v. Halton District School Board

WRITTEN SUBMISSIONS

Terri Beatty, Applicant

Self-represented

Halton District School Board and Halton Student Transportation Services, Respondents

Robert G. Keel, Counsel

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to services because of disability.

2In its Response the respondents made a “Request for Dismissal – without Full Response”, section 6 of the Response. Under that section the respondents ticked off the following reason for the request: “A complaint was filed with the Ontario Human Rights Commission ( the “Commission”) based on the same, or substantially the same, facts as the Application.”

3It would appear that the applicant has never filed a complaint with the Commission and has only filed an Application with the Tribunal. The reason for dismissal relied on by the respondents anticipates that the applicant at the Tribunal had also filed a complaint with the Commission.

4Under the circumstances, the Request for early dismissal of the Application is denied.

5The respondents are directed to file a Full Response with the Tribunal within 35 days of the date of this Interim Decision. The respondents shall indicate at paragraph 14 of the Full Response whether they agree to try mediation.