HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Y.D. by her Next of Friend S.D.
Applicant
-and-
The Office of the Children’s Lawyer and Krystal Dorion
Respondents
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Y.D. v. The Office of the Children’s Lawyer
WRITTEN SUBMISSIONS
Y.D. by her Next of Friend S.D., Applicant
S.D., Representative
1S.D. has filed an Application on behalf of Y.D. S.D. and Y.D.’s mother were involved in in a legal dispute over the custody of Y.D. The Court ordered that the custody dispute be referred to the Office of the Children’s Lawyer (the “OCL”). The OCL appointed a clinical investigator, Ms. Dorion to make a report in which she determined that Y.D.’s mother should be given sole custody. Based on this report S.D. withdrew his claim for joint custody. The Application alleges that the conduct and the eventual report of the respondents was discriminatory.
2In their Response the respondents take the position that S.D. does not have standing to bring this Application because he does not have custody of Y.D.
3On July 31, 2013, I issued a Case Assessment Direction in which I directed the applicant to provide the Tribunal with the name and contact information of Y.D.’s mother so that she could be given Notice of the Application and that she could file submissions on the issue of whether S.D. has the legal authority to commence this Application on behalf of Y.D.
4On August 3, 2013, the applicant made written submissions in which he asks me to “reconsider” my decision on a number of grounds. He also asserts that I am being pressured by the Attorney General to dismiss this Application.
5The issue of the right of S.D. to bring this Application is an issue that goes to the jurisdiction of the Tribunal to proceed with the Application. Y.D.’s custodial parent is an affected party and has the right to Notice of this Application and to make submissions on this issue.
ORDER
6The Tribunal orders S.D. to deliver to the Tribunal within 7 days of this Interim Decision the name, address and contact information of Y.D’s mother. If S.D. does not provide this information to the Tribunal as ordered then the Application may be dismissed on the basis that the applicant has failed to comply with an order of the Tribunal and/or as an abuse of process.
7I am not seized.
Dated at Toronto, this 26^th^ day of August, 2013.
“Signed by”
Geneviève Debané
Vice-chair