Human Rights Tribunal of Ontario

B E T W E E N:

Carrie Barber by her Litigation Guardian Sheila Barber

Applicant

-and-

South East Community Care Access Centre and Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care and the Minister of Community and Social Services

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: January 24, 2011

Citation: 2011 HRTO 165

Indexed as: Barber v. South East Community Care Access Centre

APPEARANCES

Carrie Barber by her Litigation Guardian Sheila Barber, Applicant ) Hugh Scher, Counsel

South East Community Care Access Centre, Respondent ) Shane Smith, Counsel

Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care, Respondent ) Beth Beattie, Counsel

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services, Respondent ) Katharine Renison, Counsel

Reasons for Decision

1This Interim Decision follows a conference call with the parties regarding case management in this Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. An issue has arisen regarding whether Sheila Barber should be permitted to act as litigation guardian for Carrie Barber. Sheila Barber states that she has powers of attorney for personal care and property that entitle her to act as litigation guardian pursuant to the Substitute Decisions Act, 1992, S.O. 1992, c. 30. The respondent South East Community Care Access Centre states that there is a conflict of interest between Sheila Barber and Carrie Barber and that the Tribunal should not permit Sheila Barber to continue litigation guardian.

2This raises a preliminary issue about whether the Tribunal has the jurisdiction to remove a litigation guardian where that person has a power of attorney pursuant to the Substitute Decisions Act, in particular in light of the wording of s. 59(2).

3In the circumstances, the Tribunal directs as follows:

(1) The applicant shall deliver to the other parties and file with the Tribunal by January 25, 2011, a copy of the relevant Power of Attorney.

(2) A teleconference hearing will be held on February 23, 2011, at 9:30 AM to hear argument on whether the Tribunal has the jurisdiction to remove Sheila Barber as litigation guardian.

(3) A copy of this Interim Decision shall be sent to the Ontario Human Rights Commission and ARCH Disability Law Centre. If either of them or any other party seeks to intervene, they shall file their Request to Intervene within two weeks of the date of this Interim Decision. Any Requests to Intervene shall be heard and decided at the outset of the conference call on February 23, 2011.

(4) The parties and any proposed intervenors shall deliver and file any case law or written argument upon which they rely no later than February 16, 2011. Any materials shall be delivered to the parties and to any proposed intervenors.