A.B. v. Western University, 2015 HRTO 428

Human Rights Tribunal of Ontario

B E T W E E N:

A.B. Applicant

-and-

Western University and Y.Z. Respondents

INTERIM DECISION

Adjudicator: Jennifer Scott Date: March 31, 2015 Citation: 2015 HRTO 428 Indexed as: A.B. v. Western University

APPEARANCES

A.B., Applicant Jennifer Zdriluk and Wade Poziomka, Counsel

Western University and Y.Z., Respondents Lisa Kwasek, Counsel

Introduction

1The parties have jointly requested that I anonymize the names of the applicant and the individual respondent.

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 there is highly sensitive medical information or particularly sensitive information related to an acute mental health crisis.

3The interim decisions previously released in this matter contain confidential information, including highly sensitive information about the applicant’s mental health. In light of the nature of the information contained in the decisions, the fact that the decisions are procedural in nature, and the small size of the academic program at issue, I am exercising my discretion to anonymize the names of the applicant and the individual respondent.

order

4The names of the applicant and the individual respondent will be anonymized in this decision and the decisions previously released by the Tribunal. The applicant will be noted as A.B. in the decisions and the individual respondent will be noted as Y.Z.

5As the parties have resolved this matter, the Tribunal’s file will be closed.