HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Froom

Applicant

-and-

Children’s Aid Society of Hamilton, Andrea Nicol and Judy Blair

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: December 11, 2008

Citation: 2008 HRTO 388

Indexed as: Froom v. Children’s Aid Society of Hamilton

1This is an Application filed November 7, 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 Tribunal scheduled mediation for February 24, 2009. The Respondents filed a Response on December 9, 2008. The style of cause is amended to reflect the correct legal name of the corporate respondent as indicated in the Response.

2The respondents stated that the Tribunal has no jurisdiction to entertain this Application because section 15(6) of the Child and Family Services Act, R.S.O. 1990, c. C.11, as amended (the “CFSC”) provides hat no action shall be instituted against a child protection worker for any act done in good faith or intended execution of that person’s duty under this section.” The respondents also note that the subject matter of the Application falls under the jurisdiction of the internal complaint process at the Hamilton Children’s Aid Society, pursuant to section 68.1 of the CFSA.

[3] Rule 4.1 of the Rules Governing Section 53(3) Applications provides that the Tribunal may, at the request of a respondent, dismiss part or all of an Application that is outside the jurisdiction of the Tribunal.

4As a result, the Tribunal determines that it is appropriate to receive submissions with respect to whether this Application is within the jurisdiction of the Tribunal.

5The Tribunal makes the following Orders:

a. The mediation scheduled for February 24, 2009 is cancelled.

b. Within 20 days of the date of this decision, the respondent shall deliver to the applicant and file with the Tribunal, written submissions and case law, if any, on whether this Application is within the jurisdiction of the Tribunal.

c. Within 20 days of receipt of the respondents’ submissions, the applicant shall deliver to the respondents and file with the Tribunal written submissions and case law, if any, in response to the respondents’ submissions.

d. Within 10 days of receipt of the applicant’s submissions, the respondents may deliver and file a reply.

6The Tribunal may determine this matter on the basis of the written submissions.

7I am not seized of this matter.