Sharma v. Peel District School Board, 2015 HRTO 611

Human Rights Tribunal of Ontario

B E T W E E N:

Ruchi Sharma Applicant

-and-

Peel District School Board and Elementary Teachers Federation of Ontario – Peel Elementary Teachers Local Respondents

Interim Decision

Adjudicator: Jennifer Scott Date: May 12, 2015 Citation: 2015 HRTO 611 Indexed as: Sharma v. Peel District School Board

Written Submissions

Ruchi Sharma, Applicant Self-represented

Peel District School Board, Respondent Neal Patel, Counsel

Elementary Teachers Federation of Ontario, Peel Elementary Teachers Local, Respondent Adam Beatty, Counsel

1This Interim Decision addresses a number of Requests for Orders During Proceedings (“RFOPs”) that have been filed by the parties.

2The respondent Peel District School Board (“PDSB”) has filed a request for summary hearing. This request is denied. Pursuant to Rule 19A.5, reasons are not required for a decision not to hold a summary hearing following a party’s request.

3Although I have dismissed the summary hearing request of the PDSB, there are issues relating to the scope of the Application, including:

a. The timeliness of the allegations of discrimination;

b. Allegations of reprisal that are the subject of the applicant’s requests to amend the Application; and

c. The nature of the allegations set out in the Reply.

4An in-person hearing will be scheduled to hear the parties’ submissions relating to the scope of the Application as described in the paragraph above. The in-person hearing will be scheduled on an expedited basis.

5The PDSB has filed a RFOP asking the Tribunal to declare the applicant a vexatious litigant. I decline to make such an order at this time. Both parties have filed numerous RFOPs. I am, however, directing the parties to refrain from filing any further RFOPs until the preliminary hearing is completed and the scope of the Application is determined.

6I recognize that there are outstanding RFOPs relating to issues around the filing of materials by the parties. I will address these issues with the parties at the preliminary hearing. In light of my ruling directing the parties not to file any further RFOPs, these issues should not be ongoing.

7In reviewing the materials in this matter, I would like to encourage the parties to consider the Tribunal’s mediation/adjudication process set out in Rule 15A of the Tribunal’s Rules of Procedure. A copy of the Tribunal’s mediation/adjudication agreement is attached to this Interim Decision for the parties’ review. The Tribunal will offer this process at the commencement of the preliminary hearing. If the parties agree, the preliminary hearing will start with mediation/adjudication. If they do not agree, the preliminary hearing will proceed.

Order

8The summary hearing request of the PDSB is denied

9A preliminary hearing will be scheduled on an expedited basis to hear the parties’ submissions on the scope of the Application.