HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Lydia Lemieux
Applicant
-and-
Guelph General Hospital, Audrey Henderson, Annette Harrington and Kaye Snowe
Respondents
INTERIM DECISION
Adjudicator: Kaye Joachim
Indexed as: Lemieux v. Guelph General Hospital
1This is an Application made under s. 53(5) of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, dated June 29, 2009. The underlying complaint was filed with the Ontario Human Rights Commission on July 3, 2007. A Hearing in this matter is scheduled for April 26, 2010.
2The sole issue to be determined at the Hearing is whether this Application should be dismissed on the basis of the settlement of the applicant’s grievance entered into by her union with the corporate respondent on April 30, 2008, and in light of the subsequent proceedings before the Ontario Labour Relations Board.
3The purpose of this Interim Decision is to address a request from a witness who has been summonsed to attend the April 26, 2010 hearing. The witness is a physician who was summonsed to bring a copy of the applicant’s medical file and to give evidence. The physician indicated that he would be required to cancel a full day of scheduled appointments in order to attend, and that he did not believe that his evidence would be helpful to the preliminary issue. The witness also indicated his willingness to provide a copy of the patient file and to be available be teleconference if required.
4I am not satisfied that the evidence of the above witness will be arguably relevant to the preliminary issue to be heard on April 26, 2010. Accordingly, I find that it would be fair, just and expeditious to stay the summons, and relieve the witness physician from attending on April 26, 2010.
5I note that the applicant has identified ten physician witnesses that she intends to call for the preliminary hearing. It is not clear whether she has issued summons to all of them, but she had been provided with ten signed summonses from the Tribunal.
6In order to minimize the undue hardship to the potential witnesses who will be required to attend in circumstances where it is far from certain that their evidence will be heard, I have decided to stay all summons for all witnesses at this time.
7If the adjudicator at the preliminary hearing determines that any of the applicant’s identified physician witnesses are required for the preliminary matter, the adjudicator will make further directions as appropriate.
8The Tribunal makes the following Direction:
a. All summonses issued and served by any party in this Application are stayed pending further Direction from the Tribunal.
Dated at Toronto, this 16th day of April, 2010.
“Signed by”
Kaye Joachim
Alternate Chair