Human Rights Tribunal of Ontario
Between:
A.H by his Litigation Guardian J.H. Applicant
-and-
MindTech Montessori School aka MindTech Academic Schools Respondent
Interim Decision
Adjudicator: Laurie Letheren Date: January 8, 2016 Citation: 2016 HRTO 32 Indexed as: A.H. v. MindTech Montessori School
Appearances
A.H by his Litigation Guardian J.H., Applicant Robert Zamosniak, Paralegal
MindTech Montessori School aka MindTech Academic Schools, Respondent Samil Chagpar, Counsel
1This Application alleges discrimination with respect to services contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2This Interim Decision addresses the issue of the timeliness of the allegations set out in the Application, and the Requests for Order During Proceedings (“Requests”) seeking: production of documents from both parties; to add the ground of disability; and, the removal of the personal respondent. A preliminary hearing by teleconference was scheduled to address these issues and Requests and the applicant and the respondents provided submissions.
3The hearing of this Application was scheduled for November 5, 2015; however, the hearing was adjourned at the end of the teleconference on consent of the parties and because the timing of the teleconference did not allow time for the Tribunal to address the issues to be determined and for parties to comply with any orders made.
Delay
4The Code provides that in order for the Tribunal to have jurisdiction over the subject-matter of the Application, it must be filed within one year of the last incident of discrimination. The Tribunal has the mandate of adjudicating matters in a fair, just and expeditious manner. In this case the first incident of alleged discrimination occurred in November 2012. The Application was filed on May 12, 2014.
5Section 34 of the [Code](https://www.canlii.org/en/on/laws/stat/rso-1990-c-h19/latest/rso-1990-c-h19