Crawford v. Toronto (City), 2009 HRTO 1823

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gloria Crawford

Applicant

-and-

City of Toronto, Revera Inc. (operating as Cedarbrook Lodge Retirement Residence), Ann Norman, Deborah Williams, Joanne Meade, Malar Jeyasselan

Respondents

AND BETWEEN:

Estate of Christina Fawcett

Applicant

-and-

City of Toronto, Revera Inc. (operating as Cedarbrook Lodge Retirement Residence), Ann Norman, Deborah Williams, Joanne Meade, Malar Jeyasselan

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: October 30, 2009

Citation: 2009 HRTO 1823

Indexed as: Crawford v. Toronto (City)

1Tribunal File No. 2009-02720-I (the “Fawcett Application”) is an Application filed on June 23, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). Tribunal File No. 2009-02718-I (the “Crawford Application”) was filed on June 24, 2009, under the same provisions. The Tribunal will deal with these Applications together.

2The Applications arise out of the circumstances of the death of Christina Fawcett (“the deceased”) on August 9, 2008. At the time of her death, the deceased was living at Cedarbrook Retirement Residence, operated by Revera Inc. (Cedarbrook). It appears she was receiving some services funded through the City of Toronto’s Supportive Housing Program.

3The Applications allege that the deceased was found without vital signs on August 9, 2008. An autopsy subsequently concluded that she had died of natural causes. The Applications allege that the staff at Cedarbrook did not call 911 or administer CPR upon discovering the deceased, and that this failure to call 911 was based on a policy which treats “supportive housing residents” differently from other residents. The Fawcett Application is based on an allegation that the deceased experienced discrimination on the ground of receipt of public assistance in the area of housing/accommodation. The Crawford Application is based on an allegation that the applicant’s daughter was discriminated against, because of her association with a person in receipt of public assistance, in the areas of housing and goods, services and facilities.

4Instead of filing Responses, the respondents have filed Requests for Orders During Proceedings in which they seek to have the Applications dismissed. With respect to the Fawcett Application, the respondents take the position that the Tribunal has no jurisdiction to proceed in that an estate cannot initiate a human rights application under the Code.

5With respect to the Crawford Application, the respondents raise a number of other preliminary issues.

6The applicants have filed Responses to the Requests for Order, and the City has filed a Reply on the Fawcett Application.

DECISION

7Although the respondents have raised a number of preliminary issues, the Tribunal finds it appropriate to direct an initial hearing to deal with the preliminary question of whether the Estate of Christina Fawcett may bring an Application under the Code.

8The Tribunal also finds it appropriate to waive the filing of Responses to the Applications pending determination of the preliminary question of whether the Application by the Estate of Christina Fawcett can proceed. The issue appears to the Tribunal to be almost entirely a question of law and, to the extent any of the factual background is relevant, the relevant facts do not appear to be disputed. Although the respondents have not filed Responses, they have provided detailed submissions on this issue, and the applicant has filed a detailed response.

9The Tribunal will therefore schedule a half-day hearing to receive the submissions of the parties in person on the Request for Order in the Fawcett Application. If any party wishes to rely on any supporting material for the purpose of the teleconference (including submissions, facts or case law not already provided in the materials before the Tribunal), they are directed to deliver this material to each other, and to the Tribunal, by no later than two weeks before the date scheduled for the hearing.

10I am not seized of this matter.