HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Samurai Diler
Applicant
-and-
Cambridge Memorial Hospital
Respondent
INTERIM DECISION
Adjudicator: David A. Wright
Date: June 30, 2011
Citation: 2011 HRTO 1252
Indexed as: Diler v. Cambridge Memorial Hospital
1This is an application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. As originally filed, the Application named Cambridge Memorial Hospital, the Human Rights Tribunal of Ontario, and Civil-Superior Court of Justice as respondents. The events cited in the original Application related to the denial of a request by a judge of the Superior Court of Justice for the urgent hearing of an Application for Judicial Review of a previous Tribunal decision.
2The Registrar issued a letter that raised, among other things, various jurisdictional issues and invited the applicant to make submissions on them
3In her response, the applicant stated that she did not wish to pursue the Application as against the Court and the Tribunal. The Application as against the Human Rights Tribunal of Ontario and the Civil – Superior Court of Justice is withdrawn.
4In her response on the jurisdictional issues, the applicant amended the nature of her claim against the respondent Hospital. In the original Application, her claim appeared to relate solely to the conduct of the hospital in litigation. In her submissions in reply to the Tribunal’s letter, she alleges that the failure of the Hospital to respond to a request for her medical file constitutes a reprisal.
5I cannot find that it is plain and obvious that the allegations against the Hospital fall outside the Tribunal’s jurisdiction. Accordingly, the Application against the hospital will continue in the Tribunal’s process. This is not a final decision in respect of the Tribunal’s jurisdiction.
6The Tribunal will give further directions in this file in a separate Case Assessment Direction sent to the applicant and remaining respondent. I am not seized.
Dated at Toronto, this 30th day of June, 2011.
”signed by”__________
David A. Wright
Associate Chair