E.R. v. Toronto District School Board, 2013 HRTO 926

Human Rights Tribunal of Ontario

B E T W E E N:

E.R. by her Next Friend, S.P.

Applicant

-and-

Toronto District School Board, Nancy Lerner and Christine Patterson

Respondents

DECISION

Adjudicator: Brian Cook Date: May 28, 2013 Citation: 2013 HRTO 926 Indexed as: E.R. v. Toronto District School Board

WRITTEN SUBMISSIONS

E.R., Applicant

S.P., Next Friend

Toronto District School Board, Nancy Lerner and Christine Patterson, Respondents

Grant Bowers, Counsel

1This Application alleges discrimination by the respondents and was filed on January 9, 2013. There was some delay in processing the Application as the Tribunal required further information from the applicant. The Application was served on the respondents on March 28, 2013. The respondents filed a Request to Dismiss the Application on the grounds that the applicant had commenced a civil proceeding in court concerning the same matters and events that gave rise to the Application.

2Section 34(11) of the Code provides:

34(11) A person who believes that one of his or her rights under Part I has been infringed may not make an application under subsection (1) with respect to that right if,

(a) a civil proceeding has been commenced in a court in which the person is seeking an order under section 46.1 with respect to the alleged infringement and the proceeding has not been finally determined or withdrawn; or

(b) a court has finally determined the issue of whether the right has been infringed or the matter has been settled.

3The respondents have provided a copy of the Statement of Claim that the applicant filed in court in April 2013. The allegations set out in the Statement of Claim appear to be substantially the same as the allegations set out in the Application.

4The applicant did not reply to the respondent’s request that the Application be dismissed. Instead she filed a Request for Order During Proceedings, asking for an order from the Tribunal regarding matters related to those mentioned in the Application.

5Section 34(11) provides that a person may not bring an Application to the Tribunal if a civil proceeding has been commenced with respect to the same matters. For this reason, the Application is dismissed.

6Since the Application must be dismissed, the Tribunal does not have jurisdiction to deal with the applicant’s Request for Order During Proceedings.