In an interim decision involving a student with disabilities alleging a failure to
accommodate, the HRTO granted the request to expedite proceedings, finding
that:
[h]aving regard to all of the circumstances, including the applicant’s
medical condition that led to him being withdrawn from school in
May 2012, and the trespass notice and communication ban that
remains in place against the applicant’s sole custodial parent, the
Tribunal grants the Request to Expedite. I am satisfied that truly
urgent circumstances exist that may affect the fair and just
resolution of the merits of the Application if the Application does not
proceed on an expedited basis.^154- Interim Remedies
The HRTO’s Rules of Procedure set out the process and test to meet if
requesting interim remedies. Interim remedies are awarded in exceptional
circumstances.^155 In an interim decision, the Tribunal granted a request for
interim remedies which included access to school until the merits of the
application were dealt with.^156 The Tribunal member applied the test in Rule 23
as set out in TA v. 60 Montclair^157 finding that the level of instruction provided
during the student’s exclusion from school was inadequate and sufficient
evidence showed that the Applicant would experience harm.
- Access to OSR at Early Stage of Process
There are cases where school board respondents request access to the entire
OSR when preparing a Response to the Application as filed. There are a number
of interim decisions released by the HRTO denying access to the OSR at the
(^154) R.B. v. Keewatin-Patricia District School Board, 2013 HRTO 1721 at para 45.
(^155) Supra note 147, Rule 23.
(^156) R.B. v. Keewatin-Patricia District School Board, 2013 HRTO 130.
(^157) 2009 HRTO 369.