M.C. v. Windsor-Essex Children’s Aid Society, 2013 HRTO 2073

Human Rights Tribunal of Ontario

B E T W E E N:

M.C. Applicant

-and-

Windsor-Essex Children’s Aid Society and Kirsten Gabor Respondents

A N D B E T W E E N:

R.C. Applicant

-and-

Windsor-Essex Children’s Aid Society and Bill Bevan Respondents

INTERIM DECISION

Adjudicator: Jennifer Scott Date: December 17, 2013 Citation: 2013 HRTO 2073 Indexed as: M.C. v. Windsor-Essex Children’s Aid Society

WRITTEN SUBMISSIONS

M.C. and R.C., Applicants Self-represented

Windsor-Essex Children’s Aid Society, Kirsten Gabor and Bill Bevan, Respondents Keri Wilson, Counsel

Introduction

1The applicant M.C. filed her Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), against the Windsor-Essex Children’s Aid Society (the “CAS”) on December 12, 2012. The applicant R.C. filed his Application under s. 34 of Code against the CAS on March 27, 2013. M.C. and R.C. are siblings. Both applicants allege discrimination with respect to the services provided by the CAS.

2The CAS has filed three Requests for Orders During Proceedings (“Requests”) seeking the following:

a. An order consolidating the two Applications;

b. The name and contact information of the Litigation Guardian for R.C. and an amendment of the title of proceedings;

c. An order for production, confidentiality and the sealing of records in the possession of the CAS involving M.C.

3The applicants did not respond to these Requests.

Decision

4The applicants did not object to the request of the CAS to consolidate the Applications. In these circumstances, the Applications are consolidated.

5The Tribunal will hold these Applications in abeyance until June 9, 2014, the date that R.C. turns 18. It is more fair, just and expeditious to wait until R.C. turns 18, rather than dealing with the issue of Litigation Guardian at this time.

6The Applications will be taken out of abeyance in June 2014 and will be put into the hearing queue. The CAS can renew its request for an order seeking terms regarding the production of its files at that time. The Tribunal will want written submissions from the CAS with respect to the statutory and other authority for the terms sought, in circumstances where the files are being produced to the person that is the subject of the files.

Order

7The Tribunal orders Files 2013-13231-I and 2013-14031-I consolidated.

8These Applications are held in abeyance until June 2014 at which time they will be placed in the hearing queue.