Conway v. Ontario (Health and Long Term Care), 2009 HRTO 1952

Human Rights Tribunal of Ontario

B E T W E E N:

Paul Conway Complainant

-and-

Ontario Human Rights Commission Commission

-and-

Her Majesty the Queen in right of Ontario as represented by the Ministry of Health and Long Term Care, the Mental Health Centre Penetanguishene Corporation and Adrian Brammer, Dan Worrod, Ken Morrow, Scott Feir, Scott Shaekel, Ted Nichols, Tim Garratt and Terri Newman Respondents

INTERIM Decision

Adjudicator: Eric Whist Date: November 17, 2009 Citation: 2009 HRTO 1952 Indexed as: Conway v. Ontario (Health and Long Term Care)

1Paul Conway, the complainant, alleges discrimination in respect to services, goods and facilities on the basis of colour and race contrary to sections 1 and 9 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”).

2This interim decision is in relation to a Request for an Order made by the Ontario Human Rights Commission (the Commission) to add the Mental Health Centre Penetanguishene Corporation (“MHCP”) as a respondent. While the MHCP was identified in the original complaint it has become, since the filing of the complaint, a distinct legal entity (a corporation). It was agreed by the parties that it would consequently be appropriate that MCHP be added as a respondent. I am prepared to so order given the change in the legal status of MHCP and the parties’ consensus that MCHP should be added as a respondent. The style of cause has been amended accordingly.

3The parties have also indicated that they are of the opinion that further mediation briefs would be helpful in this case and have asked the Tribunal to assist in setting out a timetable for the exchange of these briefs. The Commission has already filed its mediation brief. The complainant is directed to file any mediation brief he wishes to rely on four weeks before the to-be-scheduled mediation and the respondents will then be required to file their briefs two weeks before the to-be-scheduled mediation date.