HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ana Ilha
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care
Respondent
A N D B E T W E E N:
Amir Attaran
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care
Respondent
A N D B E T W E E N:
Robert Mesher
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care
Respondent
A N D B E T W E E N:
Betty Lobo
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care
Respondent
INTERIM DECISION
Adjudicator: Michelle Flaherty
Date: July 26, 2011
Citation: 2011 HRTO 1394
Indexed as: Ilha v. Ontario (Health and Long-Term Care)
1In a Case Assessment Direction dated March 29, 2011, the Tribunal directed (among other things) that the respondent do the following by June 17, 2011:
a. advise the applicants whether it agrees to any portion of the applicants’ statement of facts and provide the applicants a copy of its own statement of facts;
b. advise whether it intends to advance an argument based on undue hardship. The Tribunal indicated that if the respondent did not or was unable to take a position by June 17, the Tribunal and the applicant would rely upon the respondent’s pleadings, in which it does advance an undue hardship position.
2On June 16, 2011, the respondent filed a Request for an Order During Proceedings (“Request”) seeking an extension of the timeframe for complying with the Tribunal’s direction to July 15, 2011. The respondent states that, pursuant to a different Case Assessment Direction, it was required to produce a large number of documents by June 10, 2011. Because of the time it was required to devote to the disclosure issue, the respondent states that it is unable to comply with the Tribunal’s direction by June 16, 2011.
3In the Request, the respondent states that the applicants consent to an extension of time for compliance with the Tribunal’s direction regarding the statements of fact (para. 1(a), above), but do not consent to an extension for the respondent to clarify its position regarding undue hardship (para. 1(b), above).
4The applicants have not filed a Response to the respondent’s Request and the time for doing so under the Tribunal’s Rules of Procedure has expired.
5The Request is granted. The time period for complying with the directions summarized at para. 1 of this Interim Decision is extended to July 15, 2011. If the respondent does not take a position on undue hardship by July 15, 2011, the Tribunal may rely upon the pleadings and provide direction regarding, among other things, additional disclosure requirements.
Dated at Toronto, this 26th day of July, 2011.
”signed by”______________
Michelle Flaherty
Vice-chair