Human Rights Tribunal of Ontario
B E T W E E N:
Colin Dolny
Applicant
-and-
College of Massage Therapists of Ontario
Respondent[s]
INTERIM DECISION
Adjudicator: David Muir
Indexed as: Dolny v. College of Massage Therapists of Ontario
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 and services because of disability. The Application has been delivered to the respondent but they have not yet filed a Response (Form 2).
2The applicant has filed a Request for Interim Remedy. The respondent has not responded to this Request and the time for doing so has passed.
3The applicant seeks the following:
a. Removal of any materials directly related to the Application from his referral file, pending before the Registration Committee of the College of Massage Therapists of Ontario;
b. Confirmation that no member of the Registration Committee has had access to any of the materials referred to above.
4The applicant is an aspiring massage therapist. An application for certification by him is currently before the Registration Committee of the College of Massage Therapists of Ontario for consideration. In support of this Request, the applicant claims that this Application and a prior Request for Interim Remedy were placed in his file and will be available to the Registration Committee. The applicant believes that it is wrong to include these materials in what he characterizes as a separate proceeding. He also believes that he will be denied a fair and objective hearing both in this proceeding and before the Registration Committee.
5Rule 23 of the Tribunal’s Rules of Procedure provides in part as follows:
6The Request is denied. Although the applicant has filed a statutory declaration, the connection between the statements made by the declarant and the merits of this Request are entirely unclear. Essentially what the applicant is seeking is that the Tribunal intervene in the Registration process of the College of Massage Therapists. There are substantial questions about the Tribunal’s jurisdiction to do so in any circumstances. More importantly for purposes of this Request the basis for it is entirely speculative at this stage. The applicant believes that the Registration Committee will not fairly adjudicate his application for Registration if it has access to this Application. The applicant presents no facts that would support this belief. It can not be presumed that a statutory decision maker will not make his or her decision fairly and in accordance with their statutory mandate. For these reasons I am not satisfied based on the materials filed by the applicant that it would be appropriate, having regard to the factors in Rule 23 above the Request should be granted.
Other Matters
7The applicant has filed a Request for Order seeking to amend the Application. This matter can be dealt with in due course. The respondent is directed to respond to this Request in accordance with the Tribunal’s Rules.
8I am not seized.
Dated at Toronto, this 19th day of March, 2013.
“signed by”
David Muir
Vice-chair