Human Rights Tribunal of Ontario
B E T W E E N:
Terence Romanchook Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care, Erie St. Clair Community Care Access Centre and Windsor Regional Hospital Respondents
INTERIM DECISION
Adjudicator: David A. Wright Date: October 31, 2008 Citation: 2008 HRTO 217 Indexed as: Romanchook v. Ontario (Health and Long-Term Care)
Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto ON M7A 2C7 Phone (416) 326-1312 / 1-866-598-0322 Fax (416) 326-2199 / 1-866-355-6099 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca
WRITTEN SUBMISSIONS BY
Terence Romanchook, Applicant ) R.J. Potomski, Representative Windsor Regional Hospital, Respondent ) Paula Trattner, Counsel
INTRODUCTION
1This decision relates to a Request for an Order During Proceedings (“Request”) for various interim orders filed by the applicant, Terence Romanchook. Mr. Romanchook is a patient at the respondent, Windsor Regional Hospital (the “Hospital”). He is represented by R.J. Potomski, a paralegal licensed by the Law Society of Upper Canada. Mr. Potomski is one of two individuals who jointly and severally exercise powers of attorney for both personal care and property of Mr. Romanchook. Mr. Romanchook requires placement in a long-term care facility, and the only choice he or his attorneys have indicated is Huron Lodge. He has apparently been on the waiting list there since 2005. He has been a patient at the Hospital since January of 2008 in its Complex Continuing Care facility, pending availability of a regular long-term care placement.
THE REQUEST FOR ORDER DURING PROCEEDINGS
2This Request was filed on September 29, 2008, together with a similar Request, made without notice to the respondents. The Request to make an order without notice was dismissed: Romanchook v. Ontario (Health and Long-Term Care), 2008 HRTO 151.
3The Request alleges that the Hospital had a role in an application that was brought before the Consent and Capacity Board “to remove the attorneys for personal care of Mr. Romanchook”. It alleges that this was done shortly after the application was served on the respondent “to circumvent the process before the Human Rights Tribunal of Ontario”.
4The Request also alleges that after the application to the Consent and Capacity Board was filed, the Public Guardian and Trustee “started an investigation of the appointed attorneys of Mr. Romanchook”, presumably including Mr. Potomski. The Request states that the “investigation was based on [a] complaint either directly or indirectly from Windsor Regional Hospital that Mr. Romanchook’s attorneys have absconded with his money”. The applicant states that the allegations of misappropriation of funds are false, noting that the investigation is based in part upon an allegation that the attorneys sold real property belonging to Mr. Romanchook, but that he “has not owned any real property for years”.
5The Request seeks the following orders:
a. An order that the name of Terence Romanchook not be used in any public record related to this request.
b. An order that the Public Guardian and Trustee be added as a party to this Request for an Order During Proceedings.
c. An order that the Consent and Capacity Board be added as a party to this Request for an Order During Proceedings.
d. An interim order that Windsor Regional Hospital be restrained from taking any legal or quasi-legal action directly or indirectly against the Applicant, Terence Romanchook without leave from the Human Rights Tribunal of Ontario.
e. An interim order that Windsor Regional Hospital be restrained from taking any legal or quasi-legal action directly or indirectly against the appointed attorney for Terence Romanchook, Norma Johns, without leave from the Human Rights Tribunal of Ontario.
f. An interim order that Windsor Regional Hospital be restrained from taking any legal or quasi-legal action directly or indirectly against the appointed attorney for Terence Romanchook, R.J. Potomski, without leave from the Human Rights Tribunal of Ontario;
g. An interim order that the Consent and Capacity hold in abeyance any and all matters within their file number LO-08-2083 & LO-08-2084 until the final disposition of Ontario Human Rights Commission complaint PRIS-6XZKVC.
h. An interim order that the Consent and Capacity hold in abeyance any and all matters within their file number LO-08-2083 & LO-08-2084 until the final disposition of Human Rights Tribunal of Ontario complaint 2008-00231-I.
i. An interim order that the Public Guardian and Trustee hold in abeyance any and all investigations based on a complaint made directly or indirectly made [sic] by Windsor Regional Hospital against Terence Romanchook and/or his appointed attorneys until the final disposition of Ontario Human Rights Commission complaint PRIS-6XZKVC.
j. An interim order that the Public Guardian and Trustee hold in abeyance any and all investigations based on a complaint made directly or indirectly made [sic] by Windsor Regional Hospital against Terence Romanchook and/or his appointed attorneys until the final disposition of Human Rights Tribunal of Ontario complaint 2008-00231-I.
k. An order that the Consent and Capacity Board cannot go forward with their file number LO-08-2083 & LO-08-2084 without leave from the Human Rights Tribunal of Ontario.
l. An