Morrison v. Ontario (Health and Long Term Care), 2008 HRTO 385

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Glen Morrison

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long Term Care

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: December 10, 2008

Citation: 2008 HRTO 385

Indexed as: Morrison v. Ontario (Health and Long Term Care)

1This is an Application filed October 14, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The purpose of this decision is to issue case management directions in this Application.

Refusal To Mediate

2On October 23, 2008 the Tribunal scheduled a mediation for December 15, 2008. On November 28, 2008 the respondent filed their Response in which the respondent indicated it was unwilling to attend a mediation because it was unable to negotiate an individual settlement on the issues in dispute in the Application.

3The Tribunal’s Rules of Procedure for Applications under Section 53(3) of the Human Rights Code (Section 53(3) Rules) and the Tribunal’s Guide to Section 53(3) Applications, contemplate that the first step in a section 53(3) application is mediation. If mediation is unsuccessful, the mediator will assist the parties to complete a case management checklist (Rule 8) and the application proceeds to a case resolution conference in accordance with Rule 9.1.

4Where a party refuses to attend the mediation, it may impede the efficient processing of the application, in which case the Tribunal may, in its discretion, issue a case management direction (Rule 5.14) directing the parties to attend at the Tribunal to complete the matters identified in the case management checklist. In this case, however, I am satisfied the Application can be processed expeditiously without requiring such attendance.

5In the circumstances of this case, and having regard to the Tribunal’s Section 53(3) Rules, the mediation scheduled for December 15, 2008 is cancelled. The Tribunal will proceed to the next step in the process, which is to prepare for a case resolution conference in accordance with Rule 9.

6Accordingly, the parties are directed as follows:

a. Within 40 days following the date of this decision, the applicant shall deliver to the respondent and file with the Tribunal, a statement of any additional facts the applicant intends to rely upon and a description of the remedies sought. In addition, the applicant shall deliver to the respondent a copy of all arguably relevant documents in the applicant’s possession, except where privilege is claimed.

b. Within 60 days following the date of this decision, the respondent shall deliver to the applicant and file with the Tribunal a statement of any additional facts the respondent will rely upon and the respondent’s position with respect to the requested remedies. In addition, the respondent must deliver to the applicant a copy of all arguably relevant documents in the respondent’s possession, except where privilege is claimed.

7The Tribunal will contact the parties to set a date for a one day case resolution conference. The parties are reminded that the Section 53(3) Rules contemplate that applications under section 53(3) of the Code be dealt with in an expedited manner.

Style of Cause

8In the Application the respondent is identified as Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Ontario Insurance Plan (OHIP). In all of its material the respondent refers to itself as Her Majesty the Queen in Right of Ontario as represented by the Minister of Health of Health and Long Term Care. It seems clear that this is the correct name of the respondent. Accordingly the style of cause will be amended to reflect the correct name of the respondent.