HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
J. B.
Applicant
-and-
Catholic Children’s Aid Society of Toronto, Cherry Chan, Enda McNeil,
Isabel Santos and Mary McConville
Respondents
AND B E T W E E N:
E. B.
Applicant
-and-
Catholic Children’s Aid Society of Toronto, Cherry Chan, Enda McNeil,
Isabel Santos and Mary McConville
Respondents
INTERIM DECISION
Adjudicator: Kaye Joachim
Date: September 2, 2009
Citation: 2009 HRTO 1389
Indexed as: J. B. v. Catholic Children’s Aid Society of Toronto
[1] A hearing in this matter is scheduled for September 18, 2009, to hear the respondents’ request for dismissal on the basis that the Applications are out of time and/or outside the jurisdiction of the Tribunal.
[2] The respondents wrote to the Tribunal on August 18, 2009 seeking an adjournment of the hearing on the basis that recent allegations filed by the applicants necessitated the attendance of the personal respondent Mary McConville at the hearing. The respondents had previously explained that Ms. McConville was not available for the September 18, 2009 hearing, but at that time, they did not see the necessity for her attendance at the hearing of the preliminary request to dismiss. The respondents also take the position that the recent allegations against Ms. McConville raised by the applicants are untimely.
[3] In the circumstances there is no need to adjourn the hearing. The Member hearing the preliminary matters retains the discretion to determine whether the recent allegations against Ms. McConville form part of the Applications and if so, whether her presence is required at the preliminary hearing.
[4] The request for adjournment is denied.
Dated at Toronto, this 2nd day of September, 2009.
“Signed by”
Kaye Joachim
Alternate Chair