Claudette Alcala v. The Hospital for Sick Children, 2008 HRTO 155

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Claudette Alcala

Applicant

-and-

The Hospital for Sick Children, Joan McKee and Helen Krevs

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: October 14, 2008 Citation: 2008 HRTO 155 Indexed as: Alcala v. Hospital for Sick Children

Human Rights Tribunal of Ontario 655 Bay Street, 14^th Floor Toronto, ON M7A 2A3 Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322 TTY (416) 314-2379 / (toll free) 1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca

1This is an Application filed September 15 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2A mediation has been scheduled for December 12, 2008.

3The respondents filed their Response on October 9, 2008. The respondents assert that the complaint which forms the subject-matter of this Application is not continued within the meaning of the Code, in light of the decision of the Ontario Human Rights Commission under section 36(2) of the old Code, not to refer the subject matter of the complaint to the Tribunal.

4Section 53(3) of the Code provides:

Subject to subsection (4), at any time during the six-month period referred to in subsection (2), the person who made a complaint that is continued under that subsection may, in accordance with the Tribunal rules, elect to abandon the complaint and make an application to the Tribunal with respect to the subject-matter of the complaint.

5The Tribunal requires additional information and submissions from the parties on this issue. Therefore, the Tribunal makes the following order:

a. Within 20 days of this decision, the applicant shall deliver to the respondents and file with the Tribunal a copy of any correspondence to and from the Commission in relation to the dismissal of the complaint and any request for Reconsideration.

b. Within 20 days of receipt of the information identified in the paragraph above, the respondents shall deliver to the applicant and file with the Tribunal submissions in support of its position that the Tribunal does not have the jurisdiction to deal with this Application. The respondents should at the same time provide any documents relevant to their position.

c. Within 20 days of receipt of the respondents’ submissions identified in paragraph b. above, the applicant may deliver any reply submissions to the respondents and file them with the Tribunal.

6Upon receipt of the written submissions the Tribunal will advise whether it will hear oral submissions from the parties on any of the above issues. The oral submissions if any will be heard on December 12, 2008 unless any party advises they are unavailable on that date. The party must advise the Registrar why they are not available and provide five alternative dates, within five days of the date of this decision.

7If oral submissions are required, the Tribunal will contact the parties promptly to confirm or reschedule the date of the case resolution conference.