HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Angela Haskins
Applicant
-and-
The Religious Hospitallers of Hotel Dieu of St. Joseph of the Diocese of London operating as Hotel-Dieu Grace Hospital and EMS – Essex Windsor
Respondent
-and-
Windsor Police Services
Intervenor
INTERIM DECISION
Adjudicator: Sherry Liang
Indexed as: Haskins v. The Religious Hospitallers of Hotel Dieu St. Joseph
1This is an Application filed on February 25, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).
2As this Application has been dismissed against the Detroit Windsor Tunnel LLC, the style of cause is amended to remove it as a respondent.
3This Interim Decision deals with the applicant’s Request for a Tribunal Ordered Inquiry.
4The Tribunal has the authority to order an inquiry by section 44 of the Code in certain circumstances:
- (1) At the request of a party to an application under this Part, the Tribunal may appoint a person to conduct an inquiry under this section if the Tribunal is satisfied that,
(a) an inquiry is required in order to obtain evidence;
(b) the evidence obtained may assist in achieving a fair, just and expeditious resolution of the merits of the application; and
(c) it is appropriate to do so in the circumstances.
4The Tribunal has not yet exercised the power granted in this section of the Code and has yet to determine the circumstances where such an inquiry will be appropriate. However, a Tribunal ordered inquiry will not be a routine event and will not be a substitute for the usual production process contemplated by the Rules. In the normal course the parties are required to produce all arguably relevant documents in their possession. If the parties cannot agree or if one party has reason to believe that there are documents in the possession of a party or other person that have not been produced, the Tribunal has the authority to order the production of materials.
5The applicant does not explain why the usual production process is not adequate in her circumstances. In fact, it is not clear from the Request whether she is seeking particular evidence, or is seeking a hearing of her Application. In any event, I am not satisfied based on the material filed that an inquiry is required in order to obtain evidence.
6The Request is denied. The Application will proceed in the normal course..
Dated at Toronto, this 25th day of August, 2009.
“Signed by”
Sherry Liang
Vice-chair