P.B. v. Ontario (Health and Long-Term Care), 2017 HRTO 1647

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

P.B. and A.B. by their Litigation Guardian C.B.

Applicants

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long-Term Care, North Bay/Parry Sound District Heath Unit, and Near North District School Board

Respondents

INTERIM DECISION

Adjudicator: Jennifer Scott Date: December 11, 2017 Citation: 2017 HRTO 1647 Indexed as: P.B. v. Ontario (Health and Long-Term Care)

WRITTEN SUBMISSIONS

Near North District School Board, Respondent

Jackie Young, Self-represented

1The applicants filed an Application alleging discrimination because of sex, sexual orientation and age contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Specifically, the applicants allege the denial of funding for the HPV vaccination is discriminatory.

2The Near North District School Board (the “School Board”) has requested that the Application be dismissed against it because there is no service relationship between the applicants and the School Board.

3The purpose of this Interim Decision is to address the dismissal request by the School Board.

Request to Remove the School Board

4The School Board submits the provision of vaccinations to its students is done by the Parry Sound District Health Unit. It submits further that simply because the School Board provides a location to facilitate the administration of vaccinations does not mean that it is providing a vaccination service. The School Board states the service that it provides is education and this Application does not involve the provision of education services. As such, the Code does not apply.

5The applicants did not respond to the School Board’s request to have it removed from the Application.

6I agree with the School Board that there is no service relationship between it and the applicants regarding the provision of vaccinations. In the absence of a service relationship, there is no basis upon which to name the School Board as a respondent.

order

7For the above reasons, the School Board’s request is granted and it is removed as a respondent to this Application. The style of cause will be amended accordingly.

8As the remaining parties have agreed to proceed to mediation in this matter, the Tribunal will contact the parties to schedule a mediation.

9I am not seized of this matter.