R.K.K. v. Crestwood School, 2014 HRTO 1712

Human Rights Tribunal of Ontario

B E T W E E N:

R.K.K by his Litigation Guardian N.K.

Applicant

-and-

Crestwood School

Respondent

DECISION

Adjudicator: Jay Sengupta

Date: November 26, 2014

Citation: 2014 HRTO 1712

Indexed as: R.K.K. v. Crestwood School

WRITTEN SUBMISSIONS

R.K.K., Applicant

N.K., Litigation Guardian

Crestwood School, Respondent

Symon Zucker, Counsel

Introduction

1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to services because of disability, ethnic origin and age. The Application was initiated by the father of the minor child, who is the litigation guardian pursuant to Rule A10 of the Tribunal's Rules of Procedure.

2Approximately one week before the scheduled hearing was to take place, the litigation guardian indicated that he was "withdrawing" as litigation guardian. He has since clarified that he seeks to be removed as litigation guardian.

3In Case Assessment Directions issued by the Tribunal on November 18, 2014 and November 25, 2014, given the minor applicant's inability to take this matter forward on his own, the litigation guardian was directed to put forward an alternate proposed litigation guardian prior to the first date of hearing so that the issue of removal of the current litigation guardian and the naming of an alternate could be addressed on that date. The Case Assessment Direction indicated that the matter could not proceed in the absence of someone with the legal capacity to take this matter forward.

4In response, the litigation guardian has now confirmed that neither he nor an alternate proposed litigation guardian intend to be present at the scheduled hearing. He has also indicated that he cannot continue in his role as a litigation guardian and that an alternate cannot be found. Given that the minor applicant lacks the legal capacity to continue this litigation on his own behalf in the absence of a litigation guardian, the Application is dismissed.