HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
T.B., and J.B.S. and M.S.B. by their next friend, T.B.
Applicants
-and-
Halton District School Board and Halton Student Transportation Services
Respondents
-and-
Ontario Human Rights Commission
Intervenor
INTERIM DECISION
Adjudicator: Ruth Carey
Date: September 10, 2013
Citation: 2013 HRTO 1517
Indexed as: T.B. v. Halton District School Board
WRITTEN SUBMISSIONS
T.B., and J.B.S. and M.S.B. by their next friend, T.B., Applicants
Clara Matheson, Counsel
Halton District School Board and Halton Student Transportation Services, Respondents
Robert G. Keel, Counsel
Ontario Human Rights Commission, Intervenor
Margaret Flynn, 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 bussing services provided by the respondents to T.B. and her minor children, J.B.S. and M.S.B.
2On August 16, 2013, the applicants filed a Request for an Order During Proceedings (the “RFOP”) asking for an order permitting the applicants to amend their Applications to include the grounds of family status and marital status; and for additional remedies. The primary basis for the requests to amend is that the original Applications were self-drafted.
3On August 29, 2013, the respondents responded to the RFOP indicating they neither consent to nor oppose the amendments requested. Rather, the respondents request that the applicants be required to file an amended Application incorporating the requested amendments as well as previous amendments, and that the respondents be given an opportunity to file an amended Response.
4On August 23, 2013, the Ontario Human Rights Commission (the “OHRC”) filed a Notice of Commission Intervention under section 37(2) of the Code.
5This Interim Decision addresses the above filings with the Tribunal.
THE REQUEST TO AMEND THE APPLICATIONS
6The Request to amend the Applications is granted.
7The Request seeks to amend the Applications as follows:
Amend section 5 of the Applications to include the grounds “family status” and “marital status”; and
Amend section 10 of the Applications to include claims for monetary compensation and orders to promote future compliance with the Code as follows:
o $40,000 to T.B. to account for the injury to dignity, feelings and self-respect that she experienced as a result of the discrimination, including the worsening of her disability as a result of having to walk the lengthy distance to the original designated bus stop;
o $25,000 each to J.B.S. and M.S.B. to account for the injury to dignity, feelings and self-respect that he or she experienced as a result of the discrimination, including missing school and/or kindergarten;
o a yet-to-be-determined amount of monetary compensation to account for moving expenses that are soon to be incurred;
o an order requiring the respondents to retain a consultant with expertise in human rights to provide training to management and staff with respect to disability and the duty to accommodate, and to develop and implement an appropriate accommodation policy.
8The requested amendment to the grounds claimed is necessary to ensure that all of the issues raised in the original Applications are properly before the Tribunal. The requested amendments to the remedies sought are not resisted by the respondents, and the prejudice to the respondents will be minimised as the respondents will be given an adequate opportunity to file an amended Response.
9These Applications are scheduled to be heard on October 17 and 18, 2013. An extension to September 24, 2013 for productions under Rules 16.2, 16.3, 17.1, and 17.2 has previously been granted to the parties. The applicants will be required to re-write the Applications to incorporate all of the amendments granted to date and in order to clarify the issues.
THE REQUEST TO INTERVENE
10The OHRC intervenes in this Application as a party as of right with the consent of the applicant.
ORDER
11The Applications are amended as requested.
12The applicants shall re-write the Applications to incorporate all of the amendments granted to date, clarifying the issues, and file it with the Tribunal and deliver it to the respondents and the OHRC by September 24, 2013.
13If the respondents wish to file and deliver an amended Response, they shall do so by October 4, 2013.
14The respondents’ deadline for productions pursuant to Rules 16.2, 16.3, 17.1, and 17.2 is extended to October 4, 2013.
15If the applicants wish to file an amended Reply, they shall do so no later than October 11, 2013.
16If the OHRC wishes to introduce evidence or witnesses at the hearing it shall file with the Tribunal and deliver to the applicants and the respondents a list of documents to be relied on, copies of those documents, and witness statements by October 12, 2013.
17All documents that the applicants and respondents deliver to one another shall also be delivered to the OHRC as a party to the Application.
Dated at Toronto, this 10^th^ day of September, 2013.
“Signed by”
Ruth Carey
Member```