BW v. Peel District School Board, 2015 HRTO 569

Human Rights Tribunal of Ontario

B E T W E E N:

BW, as represented by his Litigation Guardian, XW

Applicant

-and-

Peel District School Board

Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott Date: May 5, 2015 Citation: 2015 HRTO 569 Indexed as: BW v. Peel District School Board

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on February 11, 2015.

2On March 18, 2015, the Tribunal issued a Notice of Intent to Dismiss the Application ("NOID") against the individual respondents on the basis that the Application appears to be outside the Tribunal's power to decide. The applicant was directed to respond to the issues raised in the NOID by no later than April 17, 2015. The NOID advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason.

3The applicant has not responded to the NOID and the time for doing so has now passed.

4In the circumstances, the applicant is deemed to have abandoned his allegations against the individual respondents. As a result, the individual respondents are removed from the Application. The style of cause reflects their removal.

5The Application names the applicant's school as the organizational respondent. The organizational respondent has indicated that it is the correct respondent. As such, the style of cause has been amended to reflect the Peel District School Board as the correct respondent.

6As both parties have agreed to mediate this matter, the Application will be placed in the mediation queue.