J.L. v. York Region District School Board, 2013 HRTO 258

Human Rights Tribunal of Ontario

B E T W E E N:

J.L. by his next friend J.L.

Applicant

-and-

York Region District School Board

Respondent

A N D B E T W E E N:

R.L. by her next friend J.L.

Applicant

-and-

York Region District School Board

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: February 12, 2013

Citation: 2013 HRTO 258

Indexed as: J.L. v. York Region District School Board

1This Interim Decision addresses the request by the applicants’ next friend that two separate summary hearings be held in these Applications, which are in large part identical and involve identical medical evidence.

2The applicants previously raised this concern. The Tribunal held as follows in the Case Assessment Direction dated January 10, 2013, scheduling the summary hearings:

I note the applicant’s requests that these Application be dealt with separately. Having considered those requests, in my view because the Applications are in large part identical, including identical medical evidence, it would be most fair, just and expeditious to hold a consolidated summary hearing in the two matters pursuant to Rule 1.7 (d). I am not seized of this Application.

3The applicants’ next friend then indicated in correspondence that he would not attend the summary hearing. In a Case Assessment Direction dated January 31, 2013, the Tribunal drew to the applicants’ attention that a failure to attend the summary hearing could result in the dismissal of the Application, and directed the applicants to confirm that they would attend the summary hearing.

4In an e-mail dated February 10, 2013, the applicants’ next friend wrote to the Tribunal as follows:

The applicants [R.L.] and [J.L.] will gladly attend the summary hearing. Although they request a separate summary hearing for each applicant. We repeat, for the final and last request. The applicants have applied to the Tribunal as a separate case or entity. They have never requested to be amalgamated or they have never received formal notification from the tribunal that their cases have been amalgamated.

5The Tribunal has the power to direct that matters be consolidated or heard together, even when the applicants have not requested this or have applied separately. Section 9.1(1) of the Statutory Powers Procedure Act, RSO 1990, c. S.22, reads as follows:

If two or more proceedings before a tribunal involve the same or similar questions of fact, law or policy, the tribunal may,

(a) combine the proceedings or any part of them, with the consent of the parties;

(b) hear the proceedings at the same time, with the consent of the parties;

(c) hear the proceedings one immediately after the other; or

(d) stay one or more of the proceedings until after the determination of another one of them.

6Rule 1.7 (d) of the Tribunal’s Rules of Procedure reads as follows:

In order to provide for the fair, just and expeditious resolution of any matter before it the Tribunal may:

(d) consolidate or hear Applications together;

7Rules 1.5 and 1.6 read as follows:

The Tribunal may exercise any of its powers under these Rules at the request of a party or on its own initiative, except where the Rules provide otherwise.

The Tribunal will determine how a matter will be dealt with and may use procedures other than traditional adjudicative or adversarial procedures.

8The Tribunal, therefore, may direct that summary hearings be consolidated even when the parties have not requested it or are opposed to it. The formal notification that these summary hearings would be consolidated and heard together came in the Case Assessment Direction dated January 31, 2013, and the order was made after considering the applicants’ views. I remain of the view that in view of the similarity of the Applications, the summary hearings should be held together. The applicants have given no reason they should be separate, other than the fact that they were filed separately, and to do so would not be an effective or proportionate use of resources.

9Accordingly, the Tribunal orders that the summary hearings in these two matters shall take place together, by teleconference. The Registrar will schedule the hearings.

10I am not seized.