Christianson v. Lai, 2009 HRTO 1071

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Christianson

Applicant

-and-

Michael Lai

Respondent

INTERIM decision

Adjudicator: Brian Cook

Date: July 20, 2009

Citation: 2009 HRTO 1071

Indexed as: Christianson v. Lai

1This Application has been the subject of three earlier Interim Decisions. Interim Decision 2008 HRTO 348 denied the applicant’s request that the Application be expedited. Interim Decision 2009 HRTO 783 addressed a submission by the Ministry of Health and Long-Term Care (“the Ministry”), which sought to have the Ministry removed as a respondent on the grounds that the Application did not include any allegations against the Ministry. I asked the applicant to make submissions on the question of whether the Tribunal had jurisdiction to deal with the Application as it relates to the Ministry since the Application made no allegations against the Ministry.

2The applicant then filed a Request for Order During Proceedings asking for an extension of time to allow him to file submissions. Interim Decision 2009 HRTO 912 granted an extension to July 9, 2009. A hearing scheduled for July 3, 2009 was cancelled to allow the applicant to file his submissions. To date, no submissions have been received except for an email correcting a typographical error in the Request for Order During Proceedings.

3The Application primarily concerns allegations about Dr. Lai. The Ministry of Health and Long-Term Care is named as a respondent, but the Application does not include any allegations against the Ministry. Since the Application includes no allegations concerning the Ministry, there is nothing for the Ministry to respond to. In these circumstances, it is appropriate to remove the Ministry as a respondent in respect of this Application.

4The Tribunal will schedule a hearing to deal with the Application as it relates to Dr. Lai.