Hallett v. Grey Bruce Health Services, 2008 HRTO 170

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kristen Hallett Applicant

-and-

Grey Bruce Health Services, Pat Campbell, Ron Eby and Frank Greaves Respondents

AND B E T W E E N:

Kristen Hallett Applicant

-and-

Ontario Medical Association, Robert Lee, Michael Thorburn and Michael Kaufman Respondents

AND B E T W E E N:

Kristen Hallett Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long Term Care, Karen Stanley, Derrick Legere and George Smitherman Respondents

INTERIM DECISION

Adjudicator: David Muir Date: October 20, 2008 Citation: 2008 HRTO 170 Indexed as: Hallett v. Grey Bruce Health Services

Human Rights Tribunal of Ontario 655 Bay Street, 14th 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

1These are three Applications filed August 28, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The Applications are briefly summarized as follows:

T-0167-08: The respondents to this Application are Grey Bruce Health Services, Pat Campbell, Dr. Ron Eby and Dr. Frank Greaves. The applicant alleges discrimination in employment on the basis of disability. In particular it is alleged that the respondents did not accommodate the applicant as a person with a disability to the point of undue hardship. No responses have been received.

T-0168-08: The respondents to this Application are the Ontario Medical Association, Robert Lee, Dr. Michael Thorburn, and Dr. Michael Kaufman. The applicant alleges discrimination in vocational relationships based on disability. Specifically it is alleged the respondents did not properly represent the applicant at various times in relation to the discrimination alleged in the other related Applications. The corporate respondent has raised preliminary issues that the Application does not allege discrimination on the part of the respondents and is therefore outside the jurisdiction of the Tribunal and the relief requested is not within the jurisdiction of the Tribunal. The respondents have requested that the preliminary matters be considered prior to mediation.

T-0169-08: The respondents to this Application are the Ministry of Health and Long Term Care, Karen Stanley, Derrick Legere and George Smitherman. The applicant alleges discrimination in employment on the basis of disability. In particular it is alleged that the respondents did not accommodate the applicant as a person with a disability to the point of undue hardship. The respondents have raised a preliminary issue that there is no employment relationship between the applicant and the corporate respondent. The respondents have requested that the preliminary matters be considered prior to mediation. In an earlier decision the Tribunal has directed that the preliminary issue be heard prior to mediation and has further directed the parties to provide statements of additional facts pursuant to Rule 9.

3Responses (Form B) are due 35 days after receipt of the applicant's Application (Form A). Responses have been received in Applications T-0168-08 and T-0169-08. The respondents in Application T-0167-08 Grey Bruce Health Services, Pat Campbell, and Dr. Ron Eby have yet to file responses. There is no evidence the Application has been delivered to Dr. Frank Greaves, a fourth respondent in file T-0167-08 and no statement of delivery (Form C) has been has been filed in respect of him. The Tribunal scheduled mediations in respect of each application are for November 6, 2008.

4The Tribunal's Rules for Applications under section 53(3) of the Code are to be interpreted and applied in a way that ensures a fair, just and highly expeditious process for the determination of these Applications.

5Applications T-0167-08 and T-0169-08 appear to involve the same facts and raise similar legal issues. Application T-0168-08 also appears to be related in that it is alleged that the discrimination that is the subject matter of the other two Applications is in part a consequence of, and perhaps was exacerbated by the conduct alleged in this Application. Accordingly, I find, pursuant to Rules 1.1, 4.1 and 4.3 (m), that in order to ensure a fair, just and highly expeditious process for their resolution, the three Applications should proceed together at this stage.

6I am also satisfied that the preliminary issues raised by the respondents would be best dealt with as a preliminary issue at a case resolution conference.

7In order to ensure a fair, just and highly expeditious process for the resolution of these three related matters the Tribunal makes the following directions:

a. If the applicant intends to pursue her Application against Dr. Frank Greaves she shall deliver a copy of the Application within five days of the date of receipt of this decision and file a Statement of Delivery (Form C) with the Tribunal;

b. Dr. Greaves shall deliver and file a Response within 20 days of the date of receipt of the Application;

c. The remaining respondents in Application T-0167-08 shall deliver and file Responses within 10 days of the date of receipt of this decision.

d. The respondents in Applications T-0168-08 and T-0169-08 shall deliver a copy of their Responses to the respondents in T-0167-08 within five days of the date of receipt of this decision.

e. All parties shall deliver and file all future materials on every other party prior to filing with the Tribunal.

f. Within 30 days following the date of this decision, the respondents shall deliver to each other and to the applicant, and file with the Tribunal, their written submissions with respect to any preliminary issues.

g. Within 60 days following the date of this decision, the applicant shall deliver to the other parties and file with the Tribunal her submissions, if any, in response to the preliminary issues.

8The directions contained in Hallett v. Ontario (Health and Long Term Care), 2008 HRTO 157, are amended accordingly.

9The Tribunal will contact the parties set two days for the case resolution conference to hear oral submissions on the preliminary issues.

10The parties are reminded the Section 53(3) Rules contemplate that applications under that section of the Code be dealt with in a highly expeditious manner.

11The mediations scheduled for November 6, 2008 are cancelled.

12I am not seized of these matters.