U.M. v. York Region District School Board, 2017 HRTO 1101

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

U.M., as represented by his Litigation Guardian W.M. Applicant

-and-

York Region District School Board Respondent

A N D B E T W E E N:

M.M., as represented by her Litigation Guardian, W.M Applicant

-and-

York Region District School Board Respondent

RECONSIDERATION DECISION

Adjudicator: Eva Nichols Date: August 24, 2017 Citation: 2017 HRTO 1101 Indexed as: U.M. v. York Region District School Board

WRITTEN SUBMISSIONS

U.M., as represented by his Litigation Guardian W.M.; and M.M., as represented by her Litigation Guardian W.M., Applicants Self-represented

York Region District School Board, Respondent Kathryn J. Bird, Counsel

Introduction

1These are two Applications, filed on August 13, 2015, under s. 34 of the Human Rights Code, R.S.O. 1990, c.H.19, as amended, alleging discrimination with respect to disability in the provision of educational services.

2This Reconsideration Decision is in response to the respondent’s Form 20, Request for Reconsideration, in accordance with the Tribunal’s Rule 26, submitted by the respondents on August 4, 2017. In their submission, the respondent requests that the Tribunal reconsider its denial of the respondent’s Request for Summary Hearing, The Tribunal’s decision to deny this Request for Summary Hearing was contained in a Case Assessment Direction, dated June 27, 2017.

3The respondent’s Request for Reconsideration (“Request”) was assigned to me for review. I find that as the Request is outside the scope of the Tribunal’s Reconsideration Rules, it is dismissed. The Request addresses an interim decision of the Tribunal, rather than any final decision. To date, the Tribunal has not disposed of any of the issues which are the subject of this Request.

4I note that the respondents followed their Request of August 4, 2017, with a letter dated August 9, 2017, asking for a case management teleconference prior to reconvening the next hearing day on September 12, 2017, if their Request is not granted.

5I note that the applicants’ litigation guardian has also asked for case management directions regarding the anticipated events of September 12, 2017.

6I agree to make arrangements for a brief case management teleconference prior to September 12, 2017.

7The Registrar’s Office will contact the parties to arrange the teleconference.

ORDER

8The Request for Reconsideration is dismissed.

9The scheduled hearing days of September 12 and 13, 2017, shall proceed between 10 a.m. and 4:30 p.m., in Markham, as previously arranged. The parties are directed to keep the other two days, September 18 and 19, 2017, available, in the event that they are needed.