N.L. v. Children’s Community Network Sudbury, 2016 HRTO 1358

Human Rights Tribunal of Ontario

B E T W E E N:

N.L., as represented by his Litigation Guardian N.D. and N.D.

Applicant

-and-

Children’s Community Network Sudbury and The Children’s Aid Society of the Districts of Sudbury and Manitoulin

Respondents

INTERIM DECISION

Adjudicator: Maureen Doyle Date: October 19, 2016 Citation: 2016 HRTO 1358 Indexed as: N.L. v. Children’s Community Network Sudbury

1This Application alleges discrimination with respect to services because of sexual orientation, family status and association with a person identified by a Code ground and because of place of origin and disability and also alleges reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2A Preliminary Hearing is scheduled for this matter on October 24, 2016, following a May 27, 2016 Case Assessment Direction.

3The applicant has filed a Request for Order During Proceedings (RFOP), in which she indicates that she seeks to amend the Application, she seeks an “extension of time” and makes a “request for production of documents”.

4Upon review, it is not evident what amendment she seeks to make to the Application. Accordingly, the Request to Amend the Application is not granted.

5Further, it does not appear that she seeks an extension of time, but rather, she appears to be requesting an adjournment of the Preliminary hearing. Finally, she does not appear to be making a request for documents from the respondents, but rather simply appears to be indicating that she is trying to obtain documents from another party and needs more time in order to obtain those documents. It is not evident that the documents are relevant to or necessary for the purposes of the issues to be addressed at the Preliminary Hearing. The Preliminary Hearing will proceed as scheduled.

6The respondents have not filed a Response to the RFOP, but on October 18, 2016, filed case law it intends to rely upon “regarding the new allegations put forward by the Applicant in relation to a court order that awarded permanent custody of N.L. to the Children’s Aid Society”.

7The parties are advised that it does not appear that the Tribunal has a copy of the court order referred to by the respondents in its October 18, 2016 correspondence, and the parties are directed to provide a copy of that order prior to the October 24, 2016 hearing.

8I am not seized.