Zvonimir Basic v. Royal Health Care Centre and Andy Gidwani, 2009 HRTO 1734

Human Rights Tribunal of Ontario

B E T W E E N:

Zvonimir Basic Applicant

-and-

Royal Health Care Centre and Andy Gidwani Respondents

INTERIM DECISION

Adjudicator: Sherry Liang Date: October 21, 2009 Citation: 2009 HRTO 1734 Indexed as: Basic v. Royal Health Care Centre

1This is an Application filed on August 31, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The Application alleges the respondent physician terminated the physician/patient relationship due to the applicant's disability and sexual orientation contrary to the Code. The applicant filed a Request to Expedite asking the Tribunal to deal with his Application within 30 days as he requires medication repeats and anticipates difficulty in finding a physician who will prescribe the medications. By Interim Decision dated September 3, 2009, 2009 HRTO 1400, the Tribunal denied the applicant's Request to Expedite.

2The applicant has filed a further Request for Order, dated October 20, 2009, asking for an "emergency hearing" to be held by October 22, 2009. He states that he requires an order for the individual respondent to provide three months' medication.

3In accordance with Rules 5.2 and 19.6 of the Tribunal's Rules of Procedure, the Tribunal does not require a Response to the Request from the respondents.

4The Tribunal is not unsympathetic to the applicant's circumstances. In his materials, he states that he faces dire medical consequences if his medication is discontinued without a withdrawal plan. However, this is simply not a matter within the Tribunal's powers to remedy. As the Tribunal stated in its previous Interim Decision, even if a hearing were to be held on an expedited basis, the Tribunal's remedial powers do not extend to ordering that medications be prescribed for the applicant.

5In the circumstances, there is no basis for holding an emergency hearing. The Request is dismissed.

6I am not seized of this matter.