Ilha v. Ontario (Health and Long-Term Care), 2011 HRTO 1646

Human Rights Tribunal of Ontario

BETWEEN:

Ana Ilha Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care Respondent

AND BETWEEN:

Amir Attaran Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care Respondent

AND BETWEEN:

Robert Mesher Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care Respondent

AND BETWEEN:

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: September 2, 2011 Citation: 2011 HRTO 1646 Indexed as: Ilha v. Ontario (Health and Long-Term Care)

1The applicants filed Applications under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging that the respondent discriminated against them with respect to services because of disability and sex.

2In two earlier Interim Decisions, the Tribunal ordered that the four matters listed in the style of cause be consolidated and heard together: see 2010 HRTO 32 and 2010 594. In a further Interim Decision, the Tribunal directed that the matters proceed by way of a lead case: 2010 HRTO 2402.

3On August 10, 2011, the applicants Robert Mesher and Betty Lobo filed a Request to Withdraw their Applications. The respondent has not responded to the Request.

4On August 23, 2011, the respondent filed a Request for an Order During Proceedings (“Request”) asking that the Tribunal defer consideration of the Applications filed by Amir Attaran and Ana Ilha until April 12, 2012. The Request is made on the consent of all parties.

5In the Request, the parties seek deferral of the Attaran and Ilha Applications on the following terms:

a. The applicants must provide notice to the respondent and the Tribunal should they seek to proceed with the Applications;

b. The respondent will have one month from the date of such notification to provide outstanding responses under the terms of the Tribunal’s March 29, 2011 Case Assessment Direction.

DECISION

6The Applications in files 2009-04073 (Mesher) and 2009-04071 (Lobo) are withdrawn.

7The Applications in files 2009-03239 (Ilha) and 2009-3240 (Attaran) are held in abeyance until April 12, 2012 in accordance with the terms set out in paragraph 5, above.