HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
A.B.
Applicant
-and-
University of Waterloo
Respondent
INTERIM DECISION
Adjudicator: Jo-Anne Pickel
Indexed as: A.B. v. University of Waterloo
WRITTEN SUBMISSIONS
A.B., Applicant
Self-represented
1The applicant has requested that the Tribunal anonymize her name in the style of cause of this proceeding.
2The Tribunal’s Practice Direction on Anonymization of HRTO Decisions (Effective April 2014) provides that the Tribunal may anonymize the name of a party to protect the confidentiality of personal or sensitive information where it is appropriate to do so, however, such an order is only made in exceptional circumstances. When determining whether to make an anonymization order, the Tribunal’s general approach is to balance the public interest in freedom of expression and open justice against any significant consequences of identifying the person requesting anonymization. The Tribunal has granted requests for anonymization where highly sensitive medical information will be disclosed during the proceeding and/or where the Tribunal is persuaded that a party may suffer significant stigma as a result of the proceeding.
3The applicant requested that the Tribunal anonymize the proceeding due to the highly sensitive health information that will likely be disclosed in this proceeding. The respondent did not respond to the applicant’s request and the time for doing so has now passed.
4I grant the applicant’s request for anonymization on the basis that she suffers from mental disabilities and it is likely that highly sensitive medical information will be disclosed regarding this mental disability in this proceeding. While a simple claim that a hearing is likely to involve the disclosure of sensitive personal health information is generally not a sufficient reason for the Tribunal to grant anonymization, I am persuaded that anonymization is appropriate in this case due to the potential stigma that could be associated with the applicant’s mental disabilities.
order
5The applicant’s request for anonymization is granted. Her name will be anonymized using the first two letters of the alphabet, A.B. The style of cause shall be amended accordingly.
6I am not seized of this matter.
Dated at Toronto, this 25th day of August, 2015.
“Signed By”
Jo-Anne Pickel
Vice-chair

