HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Terence Romanchook
Applicant
-and-
Garda Ontario and Greg Burian
Respondents
AND B E T W E E N:
Terence Romanchook
Applicant
-and-
Windsor Regional Hospital and Teri Renaud
Respondents
AND B E T W E E N:
Terence Romanchook
Applicant
-and-
Windsor Regional Hospital, David Musyj, Betty Gulak and Iris McGuire
Respondents
AND B E T W E E N:
Terence Romanchook
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care and Erie St. Clair Community Care Access Centre
Respondents
AND B E T W E E N:
Terence Romanchook
Applicant
-and-
Windsor Regional Hospital
Respondent
AND B E T W E E N
Terence Romanchook
-and-
Windsor Regional hospital and Hsien-Cheng (Wallace) Liang
Respondents
INTERIM DECISION
Adjudicator: David A. Wright
Date: March 19, 2009
Citation: 2009 HRTO 327
Indexed as: Romanchook v. Garda Ontario
1A case conference is scheduled for tomorrow, March 20, 2009, in File No. 2008-00231-I.
2The Tribunal has received correspondence from Dermot Moore, Counsel to the Public Guardian and Trustee (“PGT”) dated March 17, 2009 and from R.J. Potomski, Mr. Romanchook’s representative of record, dated March 18, 2009.
3The correspondence from Mr. Moore advises the Tribunal of the following, among other facts:
By court order dated February 13, 2009, the PGT was appointed guardian of the applicant’s property, and the power of attorney for property previously given to Mr. Potomski and Ms. Norma Johns was terminated.
The power of attorney for personal care previously given to Mr. Potomski and Ms. Johns by the applicant was terminated and the PGT was not appointed as guardian of person care.
The applicant advised a PGT investigator that he did not wish the Human Rights Tribunal hearing to continue.
Counsel states, “I encourage the Tribunal to satisfy itself that Mr. Romanchook is mentally capable of participating in this proceeding and of instructing any representative to speak for him”.
4The correspondence from Mr. Potomski requests that the letter from Mr. Moore be “expunged from the record of the Tribunal”, on the basis that the PGT is not a party and may have a conflict of interest. He advises the Tribunal of the following, among other facts:
He is licensed by the Law Society of Upper Canada and Mr. Romanchook is his client.
He has spoken with the applicant and he wants to continue with his Application.
James Oxley is the court-appointed solicitor for the applicant for matters under the Substitute Decisions Act and the Health Care Consent Act.
5In the circumstances, the case conference scheduled for tomorrow in file 2008-00231-I is cancelled so that the Tribunal can obtain submissions on the appropriate next steps, given the information and submissions in the letters. The Registrar is requested to copy the letters and this Interim Decision to the parties in the other files in which Mr. Romanchook is the applicant (2009-00103-I; 2008-00105-I; 2008-00106-I; 2008-00231-I and 2008-00808-I).
6The parties in all the above files, Mr. Potomski, Mr. Oxley and the PGT are invited to make submissions on the following issues:
What is the effect of the court order of February 13, 2009 on these Applications?
What steps should the Tribunal take, if any, and on what legal basis, as a result of the assertions made in the letters from Mr. Moore and Mr. Potomski?
7Any submissions on these issues shall be delivered to all of the above parties, Mr. Potomski, Mr. Oxley, and Mr. Moore and filed with the Tribunal. Submissions shall be made by April 2, 2009.
Dated at Toronto, this 19th day of March, 2009.
“Signed By”
David A. Wright
Vice-chair