Bruce v. Teixeira, 2010 HRTO 2000

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Liam Bruce

Applicant

-and-

Fernando Teixeira

Respondent

RECONSIDERATION DECISION

Adjudicator: Naomi Overend

Date: September 29, 2010

Citation: 2010 HRTO 2000

Indexed as: Bruce v. Teixeira

1The Tribunal issued an Interim Decision on September 24, 2010, 2010 HRTO 1957, adding St. Michael’s Hospital as a respondent. The Interim Decision noted that St. Michael’s Hospital had not filed submissions in response to the Request for Order asking to add it as a respondent. In fact, St. Michael’s Hospital had received an extension to file its Response to the Request for Order until September 27, 2010. It filed its Response on September 27, 2010, opposing the request to add it as a respondent.

2Rule 26.9 of the Tribunal’s Rules of Procedure allow the Tribunal to “reconsider a decision on its own initiative where it considers it advisable and appropriate to do so.” The circumstances outlined above make it appropriate for the Tribunal to reconsider its earlier Interim Decision.

3The Response filed on behalf of St. Michael’s Hospital raises serious issues with respect to whether it should be added as a respondent, particularly as it relates to its employment relationship (or lack thereof) with Dr. Teixeira. Within 14 days of this Reconsideration Decision, the applicant and respondent, Dr. Teixeira, may file with the Tribunal their written submissions on St. Michael’s Response to the request to add it as a respondent.

4If any such submissions are received, St. Michael’s Hospital may file with the Tribunal its written submissions in response within 21 days of this Reconsideration Decision.

5In the event that the parties fail to provide written submissions as directed, the Tribunal may determine the issue based on the materials already filed.

6I am not seized of this matter.