C.B. v. Toronto District School Board, 2013 HRTO 805

Human Rights Tribunal of Ontario

Between:

C.B. by his Next Friend P.B. Applicant

-and-

Toronto District School Board, Elizabetta De Santis and Elementary Teachers’ Federation of Ontario Respondents

Interim Decision

Adjudicator: Ena Chadha Date: May 14, 2013 Citation: 2013 HRTO 805 Indexed as: C.B. v. Toronto District School Board

Written Submissions

Toronto District School Board, Respondent: Grant Bowers, Counsel Elementary Teachers’ Federation of Ontario and Elizabetta De Santis, Respondents: Mandy Wojcik, Counsel

1On February 1, 2013, the applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on behalf of his minor son, alleging discrimination with respect to services, goods and facilities on the basis of disability.

2The Application is filed against the individual respondent, Elizabetta De Santis, who is a teacher with the respondent Toronto District School Board and the teacher’s union, the respondent Elementary Teachers’ Federation of Ontario.

3Form 1 of the Application notes that the applicant is seeking that the Tribunal defer the Application pending the completion of a discipline proceeding before the Ontario College of Teachers.

4All respondents have now filed submissions confirming that they agree that the Application should be deferred pending the conclusion of proceedings before the Ontario College of Teachers. Accordingly, given the consent of the parties, the Tribunal will defer this Application.

5Previously, the Tribunal ordered the respondents to provide the Tribunal with the last known address of the individual respondent. Counsel for the Elementary Teachers’ Federation of Ontario has subsequently confirmed that the Federation represents the individual respondent. In light of the fact that Ms. De Santis has counsel of record, the Tribunal will no longer require the respondents to provide her last known address.

6The Tribunal orders the deferral of the Application pending the completion of all Ontario College of Teachers proceedings. Where a party wishes to proceed with an application which has been deferred, the party must make a Request for an Order During Proceedings in accordance with Rule 19 within 60 days after the conclusion of the other proceeding (Rules 14.3 and 14.4).

7I am not seized.