HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Terence Romanchook Applicant

-and-

Garda Ontario and Greg Burian Respondents

AND B E T W E E N:

Terence Romanchook Applicant

-and-

Windsor Regional Hospital and Teri Renaud Respondents

AND B E T W E E N:

Terence Romanchook Applicant

-and-

Windsor Regional Hospital, David Musyj, Betty Gulak and Iris McGuire Respondents

AND B E T W E E N:

R.J. Potomski Applicant

-and-

Garda Ontario and Greg Burian Respondents

AND B E T W E E N:

R.J. Potomski Applicant

-and-

Windsor Regional Hospital, Garda Ontario, Greg Burian, Sarah Lorenz, David Musyj, Teri Renaud and Barry Ewing Respondents

AND B E T W E E N:

R.J. Potomski Applicant

-and-

Windsor Regional Hospital, Garda Ontario, Greg Burian, Sarah Lorenz, Peter Scislowski, David Musyj and Teri Renaud Respondents

AND 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

AND B E T W E E N:

Terence Romanchook Applicant

-and-

Windsor Regional Hospital and Hsien-Cheng (Wallace) Liang Respondents

INTERIM DECISION

Adjudicator: David A. Wright Date: November 27, 2008 File Numbers: 2008-00139-I; 2008-00231-I; 2008-00532-I Citation: 2008 HRTO 313 Indexed as: Romanchook v. Garda Ontario

WRITTEN SUBMISSIONS BY

Terence Romanchook, Applicant ) R.J. Potomski, ) Representative

Reasons for Decision

1This interim decision addresses case management issues in these eight related Applications. Previous interim decisions setting out the background of these matters are Romanchook v. Garda Ontario, 2008 HRTO 127 and Romanchook v. Ontario (Health and Long-Term Care), 2008 HRTO 217.

2In the second interim decision, the Tribunal noted that Application 2008-00213-I did not appear to allege discrimination by Windsor Regional Hospital against the applicant on the basis of marital status, and sought submissions from the applicant on whether the Application against the Hospital was within its jurisdiction. The applicant filed a detailed affidavit and submissions in response.

3It is not necessary to determine, at this stage, whether the portion of Application 2008-00231-I against Windsor Regional Hospital (the “Hospital) is within the Tribunal’s jurisdiction. On review of the applicant’s submissions, it appears that the allegations against the Hospital regarding its treatment of the applicant and comments made by staff members, are different from the allegations against the Ministry of Health and the Erie St. Clair Community Care Access Centre, which relate to policies regarding placement in long-term care. Their facts are similar to those in the other seven Applications, which relate to the treatment of the applicant and his representative by Windsor Regional Hospital and its service providers.

4To provide for the fair, just, and expeditious resolution of any matter before it the Tribunal may, under Rule 1.7(d) of its Rules of Procedure, consolidate or hear applications together. Under Rule 1.7(e) it may direct that applications be heard separately. The Tribunal may remove a party pursuant to Rule 1.7(b).

5In light of the different nature of the allegations, the Tribunal orders that Windsor Regional Hospital be removed as a respondent in Application 2008-00231-I. The portions of Application 2008-00231-I against Windsor Regional Hospital shall be treated as a separate application. The Registrar is directed to place in this file the Application in file 2008-00231-I, the response of Windsor Regional Hospital and the materials filed by the applicant on November 12, 2008. The Tribunal has assigned File No. 2008-00808-I to the new file. Windsor Regional Hospital may respond to the new allegations within fourteen days of the date of this decision.

6In my view, hearing Applications 2008-00808-I, 2008-00103-I, 2008-00105-I, 2008-00106-I, 2008-00107-I, 2008-00109-I, 2008-00139-I and 2008-00532-I together and separately from Application 2008-00231-I, may be the most fair, just, and expeditious manner of proceeding with these applications. Any party may make submissions on whether these applications should be heard together within fourteen days of the date of this decision, in writing to the Registrar and delivered to the other parties. The Registrar is directed to send the respondents to Applications 2008-00103-I, 2008-00105-I, 2008-00106-I, 2008-00107-I, 2008-00109-I, 2008-00139-I and 2008-00532-I a copy of all materials in each file, and the materials in 2008-00808-I.