Ceschin v. Ontario (Health and Long Term Care), 2014 HRTO 978

Human Rights Tribunal of Ontario

B E T W E E N:

Christopher Ceschin

Applicant

-and-

Her Majesty the Queen in Right of Ontario as Represented by the Ministry of Health and Long Term Care

Respondent

DECISION

Adjudicator: Brian Cook

Date: July 4, 2014

Citation: 2014 HRTO 978

Indexed as: Ceschin v. Ontario (Health and Long Term Care)

APPEARANCES

Christopher Ceschin, Applicant

Self-represented

Her Majesty the Queen in Right of Ontario as Represented by the Ministry of Health and Long Term Care, Respondent

Tara Corless, Counsel

1This Application alleges discrimination with respect to provision of medical services because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2In the Application, the applicant documents his frustrations in dealing with the medical system. These include finding appropriate primary health care providers and his belief that his medical symptoms and conditions have not been taken seriously by doctors in family health care settings, specialists, and through visits to Hospital Emergency Rooms. He also believes that he may have been lied to on occasion about medical findings and test results. He has also experienced difficulty in getting government forms filled so that his symptoms and medical conditions are accurately detailed.

3After receiving the Application, the Tribunal determined that it was not clear that if the applicant’s allegations were true there could be a finding against the Ministry of Health, the named respondent to the Application.

4The Tribunal directed a summary hearing to determine if the Application must be dismissed as having no reasonable prospect of success. The respondent has not been required to file a Response to the Application.

5The summary hearing was heard by telephone conference call hearing on June 30, 2014.

6During the hearing, the applicant reiterated the many difficulties he has experienced and the frustration and stress he has endured as a result.

7The respondent pointed out that the Ministry of Health does not regulate health care providers and that hospitals are operated by independent hospital boards. The respondent advised the applicant of resources that may be available to help the applicant find a family doctor and the applicant said he was aware of these resources.

8The applicant noted that it can be very difficult to navigate the health care system and that he also has experienced frustration in trying to have his complaints heard. This frustration has extended to the human rights system. He said that he had named the Ministry of Health as the respondent to this case because he assumed that the Ministry is responsible for the operation of the health care system in Ontario.

Conclusion

9As discussed during the telephone conference call hearing, the Ministry of Health is not responsible for complaints patients may have about doctors. Doctors are not employees or agents of the Ministry and are instead either self-employed and/or are employees of organizations such as health care teams or hospitals which are independently responsible for complaints from patients.

10For this reason, even if the applicant’s allegations of discrimination were all found to be true, the Ministry of Health would not be responsible. For this reason, there is no reasonable prospect that the applicant could successfully show that the respondent discriminated against him contrary to the Code. The Application is dismissed on that basis.