HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Mary-Jane Dann
Applicant
-and-
Chad Collins
Respondent
A N D B E T W E E N:
Mary-Jane Dann
Applicant
-and-
Kim Coombs
Respondent
interim decision
Adjudicator: Jay Sengupta
Indexed as: Dann v. Collins
APPEARANCES
Mary-Jane Dann, Applicant ) On her own behalf
Chad Collins and Kim Coombs, Respondents ) Byrdena Macneil, Counsel
1The applicant has filed two Applications with the Tribunal. Chad Collins is the respondent in Tribunal File No. 2008-00232-I (the “Collins” file) and Kim Coombs is the respondent in Tribunal File No. 2008-0233-I (the “Coombs” file). The respondents in both files are represented by counsel from the City of Hamilton. Further to Case Assessment Directions issued on October 13, 2009, and November 18, 2009, the hearing into both Applications began on March 30, 2010.
2At the outset, counsel for the respondents raised two concerns.
3The first was that in 2008-2009, the hearing adjudicator had been a member of the volunteer Board of Directors of an organization that administered federal funding for a community development project in which the applicant had been involved either in a volunteer or paid capacity.
4The second issue involved the presence of the hearing adjudicator at a meeting in 2007, in which one of the witnesses scheduled to appear on behalf of the respondents had been present. During that meeting, the respondents contend there was a general discussion of the City of Hamilton’s restructuring of its Property Inspection department and its practices and procedures, matters to which the witness would refer in her testimony as the practices related to these Applications.
5Although I have not predetermined any of the matters before me in these Applications and although the respondents have not brought a formal request that I recuse myself, in the circumstances, it is my view that a fair, just and expeditious resolution of the concerns raised by the respondents would be to have another adjudicator hear this matter.
6The Registrar will schedule another hearing date in the normal course.
Dated at Toronto this 1st day of April, 2010.
“Signed by”
Jay Sengupta
Vice-chair