Michael Christianson v. Her Majesty the Queen in Right of Ontario, as represented by the Minister of Health and Long-Term Care and Michael Lai, 2009 HRTO 783

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Christianson Applicant

-and-

Her Majesty the Queen in Right of Ontario, as represented by the Minister of Health and Long-Term Care and Michael Lai Respondents

INTERIM decision

Adjudicator: Brian Cook Date: June 5, 2009 Citation: 2009 HRTO 783 Indexed as: Christianson v. Ontario (Health and Long-term Care)

1This Interim Decision deals with a request by the organizational respondent that the Application against it be dismissed. The Application was filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on November 13, 2008 and alleges that Dr. Michael Lai, the personal respondent, discriminated against him on the grounds of disability and reprisal.

2The Application appears to relate to the applicant’s relationship with Dr. Lai. The organizational respondent, the Ministry of Health and Long-Term Care, notes that other than naming the Ministry as a respondent, the Application makes no specific allegations of discrimination by the Ministry.

3The Application does reference various issues related to other organizations, including the College of Physicians and Surgeons of Ontario, which is the subject of a different Application, and the Health Professions Appeal and Review Board. The organizational respondent submits that these organizations are independent of the Ministry and that, even if they have discriminated against the applicant (which is disputed), the Ministry is not involved.

4The organizational respondent submits that in the absence of any Code-related allegations involving the Ministry, the Tribunal does not have the jurisdiction to deal with the Application against it.

5Dr. Lai, the personal respondent, denies that he discriminated against the applicant, but does not dispute the Tribunal’s jurisdiction to deal with the Application. Counsel for the Ministry advises that she has confirmed that the personal respondent does not oppose her suggestion the Tribunal determine the issue of its jurisdiction to deal with the Application against the Ministry before the hearing on the merits. The personal respondent takes no position on the issue of the jurisdiction with respect to the Ministry.

6A hearing date of July 3, 2009 has been set to hear the merits of the Application. I agree with the Ministry’s proposal and am satisfied the issue can be dealt with on the basis of written submissions.

7Within two weeks of the date of this Interim Decision, the applicant may provide written submissions to clarify whether he alleges the Ministry of Health and Long-Term Care discriminated against him in respect of the provision of services to him by Dr. Lai or on some other basis and, if so, describe how and when this alleged discrimination occurred. A copy of his submissions must be sent to the Tribunal and to counsel for the Ministry and counsel for the personal respondent.