S.D. v. Children’s Aid Society of Toronto, 2009 HRTO 1619

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

S.D.

Applicant

-and-

The Children’s Aid Society of Toronto and Mary Auld

Respondents

INTERIM Decision

Adjudicator: David A. Wright

Date: October 7, 2009

Citation: 2009 HRTO 1619

Indexed as: S.D. v. Children’s Aid Society of Toronto

1I have reviewed the Request for Order filed by the respondent on August 10, 2009.

2I note that the applicant has not provided submissions in response to the respondent’s request to dismiss the Application as he had the opportunity to do pursuant to Rule 19.6. In the circumstances, the applicant is directed to deliver to the respondent and file with the Tribunal by October 20, 2009, a letter advising whether he intends to pursue this Application. If the applicant fails to do so, the Application may be dismissed as abandoned.

3If the Application proceeds there are, in my view, various preliminary issues raised as a result of the matters raised in the respondent’s Request for Order. Pursuant to s. 43(2) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), the Tribunal may not finally dispose of an Application without giving the parties an opportunity to make oral submissions. Accordingly, it would not be appropriate to deal with the respondents’ request to dismiss solely in writing as the respondents ask.

4In the circumstances, and assuming the applicant advises that he wishes to proceed, the hearing of November 17, 2009, shall be converted to a conference call. The hearing date of November 18, 2009, is cancelled. The parties shall be prepared to address, during this call: (1) whether the Application should be dismissed, in whole or in part, pursuant to s. 45.1 of the Code, or another legal principle, as a result of the decision of the Ontario Court of Justice dated June 4, 2009; (2) whether the Application is, in whole or in part, outside the Tribunal’s jurisdiction; (3) whether it is “plain and obvious” that the Application cannot succeed. The Registrar’s office will provide the parties with details of the call when and if the applicant advises that he wishes the Application to proceed.

5In view of s. 45(8) of the Child and Family Services Act, R.S.O. 1990, c. C.11, as amended, I make the following Interim Order:

(1) The applicant’s name shall be substituted with initials in any communication by or with the Tribunal.

(2) The style of cause is amended to reflect this change.

(3) No identifying information about the applicant shall be provided by the Tribunal to anyone other than the parties;

(4) The proceedings in this matter shall be closed to the public;

(5) All pleadings and documents in the Tribunal’s file shall be sealed and not form part of the public record.

6If any party objects to or seeks modification of this Order, they shall deliver to the other parties and file with the Tribunal a Request for Order During Proceedings in this regard.

7I am not seized.