BOARD OF INQUIRY (Human Rights Code)
IN THE MATTER OF the Ontario Human Rights Code, R.S.O. 1990, c.H.19, as amended;
AND IN THE MATTER OF the complaint by Brampton Children's Residential Services, Brenda Mason and David MacDonald, dated June 5, 2000, alleging discrimination with respect to the provision of accommodation because of handicap, by association and family status by Sandringham Place Inc., Golden Maple Homes Inc., and Gilbert Duchamp and André Duchamp.
B E T W E E N :
Ontario Human Rights Commission
- and -
Brampton Children's Residential Services, David MacDonald and Brenda Mason
Complainants
- and -
Sandringham Place Inc., Golden Maple Homes Inc., and Gilbert Duchamp and André Duchamp
Respondents
INTERIM DECISION
The Panel:
Patricia E. DeGuire, The Honourable Alvin B. Rosenberg, Q.C. and Mark Sandler
Date:
February 1, 2002
Board File No.:
BI-0369-00 to BI-0380-00
Decision No.:
02-003-I
A P P E A R A N C E S
Ontario Human Rights Commission
Naomi Overend
Brenda Mason, Complainant
on her own behalf
David MacDonald, Complainant
on his own behalf
Sandringham Place Inc., Golden Maple Homes Inc., Corporate Respondents
Paul H. Starkman
INTRODUCTION
1These are the Board's Reasons and Interim Order for its Decision concerning the disposition of a motion brought by Sandringham Place Inc., and Golden Maple Homes Inc., (the "Respondents") for disclosure of documents, among other things.
THE MOTION
2The Respondents seek an Order from the Board as follows:
(i) striking out Brenda Mason's and David MacDonald's (the "Complainants") complaint;
(ii) alternatively, striking out the Complainants' claim for damages based on economic loss, lost profits and/or wages;
(iii) that the Complainants and the Ontario Human Rights Commission (the "Commission") disclose the documents and information requested by the Respondents and ordered by the Board on May 8, 2001;
(iv) alternatively, that the Complainants and the Commission not be entitled to adduce documents or other evidence at the hearing which have not been disclosed;
(v) costs of this motion; and
(vi) such further relief the Board may deem just.
3At the hearing, however, the Respondents argue only for disclosure concerning eighteen separate items that counsel submits had not been disclosed, either pursuant to the Board's Order of May 8, 2001, or pursuant to the obligation to disclose. The Commission's counsel responds to each item, but in a general submission, argues that since the hearing on the merits has been bifurcated, and since the Board will consider and determine liability before a hearing on remedy, if necessary, the Board should consider only such matters of disclosure as related to liability. It is the unanimous view of the panel that this approach is appropriate.
DECISION
4The Respondents succeed in part. Only certain documents relating to the liability aspect of these proceedings are ordered disclosed at this juncture. The Board's Order concerning disclosure is set out below in the section entitled "Order".
5The hearing on the merits is bifurcated. If the Complainants and the Commission are not successful on the question of liability, then the disclosure related to remedy would be completely unnecessary. In the Board's view, only two of the items the Respondents contend to be arguably relevant are related to the question of liability. Accordingly, the panel deals only with those two items at this time without prejudice to the Respondents' right to argue for the other items, if and when liability is determined in favour of the Complainants and the Commission.
ORDER
6Accordingly, the panel orders as follows:
- The Complainants and Commission shall provide to the Respondents, by Will-say, all information that they have concerning the diagnoses of the four youths who, they say it was anticipated, would be residents of the Brampton establishment, but without disclosing their names or information which might lead to a disclosure of their identity; and
- With regard to the bankruptcies of the Complainants, the Complainants and the Commission shall provide sufficient information with regard to the dates of bankruptcies, dates of discharges and position of the Trustee(s), to show that the Complainants, and not the Trustee(s), are entitled to whatever award may be made in the Complainants' favour as a result of these proceedings.
7The Board directs that the Complainants and the Commission comply with its Order by February 28th, 2002. Also, the Board directs the Respondents to comply with its May 8, 2001 Order concerning disclosures by February 13th, 2002. That Order is modified so that only that which relates to liability should be disclosed at this juncture.
Dated at Toronto, this 1st day of February, 2002.
_________________________________________ Patricia E. DeGuire, Vice-Chair
_________________________________________ The Honourable Alvin B. Rosenberg, Q.C., Member
__________________________________________ Mark Sandler, Member