Stina Aurelia v. Grand River Hospital, 2013 HRTO 1505

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stina Aurelia

Applicant

-and-

Grand River Hospital

Respondent

INTERIM DECISION

Adjudicator: Douglas Sanderson

Date: September 6, 2013

Citation: 2013 HRTO 1505

Indexed as: Aurelia v. Grand River Hospital

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to goods, services and facilities because of disability.

2The applicant, who identifies herself as suffering from significant mental health issues, alleges that the respondent discriminated against her because of her disability in various ways when she was hospitalized at the respondent hospital. The applicant identified several incidents dating back to 2003. The respondent denies violating the applicant’s Code rights and that it was responsible for the acts alleged to amount to discrimination.

3Having reviewed the materials filed by the parties, it appears that the applicant has also filed complaints to the College of Physicians and Surgeons of Ontario (the “College”) regarding some of the incidents involved in her Application. In these circumstances, it may be appropriate to defer the Application pending completion of the proceedings before the College.

4Section 45 of the Code provides that the Tribunal may defer an Application in accordance with the Tribunal’s Rules of Procedure. Rule 14.1 of the Tribunal’s Rules provides that the Tribunal may defer consideration of an Application, on such terms as it may determine, on its own initiative or at the request of any party. Deferral of an application ensures that proceedings dealing with the same issues do not run concurrently, thereby raising the possibility of inconsistent decisions on facts or law. See Baghdasserians v. 674469 Ontario, 2008 HRTO 404.

5In my view, it is appropriate to request written submissions from the parties as to whether the Tribunal should defer consideration of the Application pending the outcome of the proceeding before the College.

Direction

6The Tribunal directs as follows:

1. Within 14 days of the date of this Interim Decision, the parties shall file with the Tribunal and deliver to the other party written submissions regarding whether the Tribunal should defer this Application pending completion of the applicant’s complaints to the College related to this matter. The parties should also include all documents in their possession regarding these complaints to the College, including but not limited to the complaints to the College any responses from the College, correspondence with the College and any reports or decisions from the College.

7The Tribunal shall provide further direction to the parties after receiving the documents described in paragraph 6, above.

8I am not seized of this matter.