HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Laurene Peer
Applicant
-and-
Law School Admission Council
Respondent
INTERIM DECISION
Adjudicator: Naomi Overend
Date: February 9, 2012
Citation: 2012 HRTO 291
Indexed as: Peer v. Law School Admission Council
1The applicant filed this Application alleging discrimination in services on the basis of disability, contrary to the Ontario Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).
2The respondent has yet to file a Response, stating that before it can do so it must have permission from the applicant to disclose sensitive medical and educational information in its file. In a Request for an Order During Proceeding filed by the respondent, it seeks an order from this Tribunal requiring the applicant to provide her consent to the release of that information. In addition, the respondent seeks an extension of 10 days from the receipt of that consent to file its Response. The applicant has not responded to the Request and the time for so doing has passed.
3The applicant is seeking to write her Law School Admission Test (“LSAT”) with accommodation. In her Application, she notes that she made several requests for accommodation from the respondent, and provided cognitive testing and specialists’ reports and letters to it as required.
4The respondent does not cite any authority for its assertion that it requires the applicant’s consent before disclosing the applicant’s personal information contained in its file which it needs to file its Response. In the absence of any explanation for why it believes it is obliged to keep such information confidential, the respondent’s Request is denied.
5Rule 8 provides, in part, as follows:
8.1 To respond to an Application under sections 34(1) or 34(5) of the Code, a Respondent must file a complete Response in Form 2 not later than (thirty-five) 35 days after a copy of the Application was sent to the Respondent by the Tribunal.
a) A complete Response must provide the information requested in each section of the Form 2, respond to each allegation set out in the Application and must also include any additional facts and allegations on which the Respondent relies. …
6An application to the Tribunal starts a legal proceeding. A finding that a violation of the Code has occurred may lead to various orders, including monetary compensation, other forms of restitution to the applicant, and orders to take action to promote compliance with the Code. Failure to file a response or participate in a Tribunal proceeding may lead to orders against respondents without their participation. The individual respondent’s attention is drawn to Rule 5.5 of the Tribunal’s Rules of Procedure which reads as follows:
5.5 Where an Application is delivered to a Respondent who does not respond to the Application, the Tribunal may:
a) deem the Respondent to have accepted all of the allegations in the Application;
b) proceed to deal with the Application without further notice to the Respondent;
c) deem the Respondent to have waived all rights with respect to further notice or participation in the proceeding;
d) decide the matter based only on the material before the Tribunal.
7If the respondent wishes to participate in this proceeding, it shall file a complete Response (Form 2) within seven days of the date of this Interim Decision. If a Response is not received, the Tribunal may take any or all of the steps set out in Rule 5.5.
8I am not seized of this matter.
Dated at Toronto, this 9^th^ day of February, 2012.
”signed by”___________________
Naomi Overend
Vice-chair