N. Tymochenko

The applicant, a student with disabilities, sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision that deferred his request to state a case for contempt against the respondent school board.

The applicant alleged the school board failed to comply with an interim accommodation order.

The Divisional Court dismissed the application, finding it premature as the HRTO proceeding had not concluded.

The court also dismissed the applicant's motion to adduce fresh evidence and held that the HRTO's decision to defer the contempt issue to the merits hearing was reasonable.

The applicant school board sought an interim order under s. 4 of the Judicial Review Procedure Act to prohibit the Special Education Tribunal from proceeding with an appeal regarding a student's special education placement.

The student's mother, who was also a trustee of the school board, brought the appeal.

The school board argued the mother was in a conflict of interest and that the Tribunal lacked jurisdiction to order a placement not in the board's special education plan.

The Divisional Court found there were serious issues to be tried, that proceeding would cause irreparable harm by poisoning the atmosphere at the school board, and that the balance of convenience favoured a stay.

The motion for an interim order of prohibition was granted pending the outcome of the judicial review.