Association of Ontario Midwives v. Ontario (Health and Long-Term Care), 2014 HRTO 1214

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Association of Ontario Midwives on behalf of Ontario Midwives

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care

Respondent

INTERIM DECISION

Adjudicator: Michael Gottheil

Date: August 14, 2014

Citation: 2014 HRTO 1214

Indexed as: Association of Ontario Midwives v. Ontario (Health and Long-Term Care)

APPEARANCES

Association of Ontario Midwives, Applicant ) Mary Cornish and ) Jennifer Quito, Counsel

The Queen in Right of Ontario, Respondent ) Robert Charney and ) Zachary Green, Counsel

1This is an Application brought under section 34(5) of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The following is a “bottom line” decision with respect to the Request for Order During Proceedings brought by the respondent, seeking an Order dismissing the Application to the extent it relates to events outside the one-year limitation period set out in section 34(1) of the Code. The reason for issuing a bottom line decision at this time is that a case management hearing is scheduled for August 26, 2014, and the parties require a decision on the respondent’s Request in order to properly prepare for the case management hearing.

DECISION

3I do not find that the Application as pleaded is untimely, and will not dismiss allegations which relate to events prior to November 27, 2012. In my view, the Application as pleaded constitutes a “series of incidents” within the meaning of sub-section 34(1)(b) of the Code. This finding, however, in no way limits any other arguments the respondent may seek to raise regarding the appropriate remedy that should be awarded if a violation of the Code is established by the applicant.

4Full reasons will follow shortly.