Saxe-Braithwaite v. Catholic Health Corporation of Ontario, 2009 HRTO 1299

Human Rights Tribunal of Ontario

B E T W E E N:

Marcy Saxe-Braithwaite

Applicant

-and-

Catholic Health Corporation of Ontario, Dale Kenney, Sarah Quackenbush, Sheila Langton, Winnifred McLoughlin, Lil Bergamo, Joan Breech, Louise Charbonneau, Neil MacCarthy, Bonnie MacLellan, Doris Shirriff, and John Stunt

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: August 21, 2009

Citation: 2009 HRTO 1299

Indexed as: Saxe-Braithwaite v. Catholic Health Corporation of Ontario

1This Application raises the issue of whether s. 34 (11) of the Human Rights Code, R.S.O. 1990, c. H.19, may bar an application to the Tribunal where the respondents to the Tribunal proceeding are different than those in the court proceeding.

2I have reviewed the submissions of the parties, all of whom are represented by counsel. In the circumstances, the Tribunal will hold a hearing at which the parties may make legal submissions on the following issues:

(a) Is the Application barred, in whole or in part, by s. 34(11)?

(b) Is Catholic Health Corporation of Ontario a proper organization respondent and should the personal respondents remain as respondents?

3In preparing their submissions on the first question, the parties may wish to review Beaver v Dr. Hans Epp Dentistry Professional Corporation, 2008 HRTO 282, and cases that have applied it. In preparing their submissions on the second question, the parties may wish to review, among others, Persaud v. Toronto District School Board, 2008 HRTO 31, and cases that have applied it.

4I am not seized.