ONTARIO MASSAGE THERAPISTS DISCIPLINE TRIBUNAL
Tribunal File No.: PC-10561
BETWEEN:
College of Massage Therapists of Ontario
College
- and -
Manuel Enrique Batista Hornia
Registrant
CASE MANAGEMENT REASONS
Heard: in writing
Panel:
David A. Wright (Tribunal Chair)
Appearances:
Natasha Danson, for the College
Manuel Enrique Batista Hornia, not participating
RESTRICTION ON PUBLICATION
Pursuant to Rule 2.2.2 of the HPDT Rules of Procedure and ss. 45-47 of the Health Professions Procedural Code, no one shall publish or broadcast the names of patients or any information that could identify patients or disclose patients’ personal health information or health records referred to at a hearing or in any documents filed with the Tribunal. There may be significant fines for breaching this restriction.
The Ontario Massage Therapists Discipline Tribunal is the Discipline Committee established under the Health Professions Procedural Code.
Introduction
1The College asks for an order that Mr. Batista (who has resigned from the College since the events at issue) is not entitled to further notice of this proceeding and that it does not need to deliver documents to him. I grant the order. I am satisfied both that the registrant has actual notice of the proceeding and that, even if he does not, the College has taken reasonable steps to locate him and provide notice. It is not necessary for the College to continue to send emails that will bounce back or documents that will be returned to it. As the College has a phone number for the registrant, College counsel should attempt to leave a message with information about the hearing.
The Tribunal has the power to make the requested order
2Under s. 3(2)(b) of the Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020, SO 2020, c. 5, Sched. 3, the Tribunal has the power to “make any orders or give any directions that it considers appropriate in the circumstances respecting…any matters ancillary to the holding of the hearing, including respecting notice of the hearing, the service or filing of materials for the hearing…”
Background
3The registrant did not attend the case management conference before me on March 6, 2026. While he left one voicemail message for College counsel on November 6, 2025, he has otherwise not communicated with the College, its counsel or the Tribunal since the allegations were referred to the Tribunal in September 2025.
4On September 29, 2025, College counsel sent the registrant correspondence including the Notice of Hearing (NOH). The NOH states, in bold print, “If the Registrant or their representative does not attend the case management conference or the hearing, the Tribunal may proceed in the Registrant’s absence and the Registrant is not entitled to any further notice in the proceeding.”
5This correspondence was sent: (i) by email to the registrant’s Gmail address on file with the College; (ii) by courier to the registrant’s residential address on file with the College; and (iii) by courier to two addresses in New Brunswick identified during the investigation. The email did not bounce back, and the packages were left at the various doors.
6The next time College counsel emailed the registrant, on November 4, 2025, the email bounced back. Every email sent since then, by the College and by the Hearings Office, has bounced back.
7On November 6, 2025, Mr. Batista left a voice mail message for College counsel, from a New Brunswick number. He identified himself and requested a call back. He said he would be available to speak the following day, November 7, 2025, after 3 or 4 p.m. On November 7, 2025, counsel tried calling the registrant at 4 p.m. New Brunswick time and again at 5:35 p.m. New Brunswick time. Each time she left a voicemail message with her phone number and requested a call back. She also tried calling him at 3:33 p.m. New Brunswick time on November 11, 2025, and left a further voicemail. The registrant did not return the calls.
8The College also sent correspondence by Canada Post to various addresses. It turned out that one of the addresses was the registrant’s ex-spouse, and the other was occupied by new tenants. Neither had a forwarding address for the registrant.
9The College’s investigators made further attempts to locate the registrant but concluded they had “exhausted all our resources and have been unable to determine the Registrant’s current address.” Their efforts included tracing the phone number from which he called College counsel, which was a cell phone registered in his name, at an address where he no longer lived. The investigators also took other steps including speaking to the property management company at one of his former addresses, searching property records in Ontario and New Brunswick, searching social media and attempting to locate any active utility accounts, or information about the registrant’s employment or receipt of social assistance. They were unable to conduct a driver’s licence search in New Brunswick.
Analysis
10I find that Mr. Batista is aware of this proceeding. He called College counsel, who returned his call several times. He therefore must have received some correspondence from the College, likely including the Notice of Hearing. I find that he has actual notice, and that he has chosen not to participate in this proceeding.
11Even if he did not have actual notice, I would order that he is not entitled to further notice. The College has relied on the last contact information he provided it and made exhaustive efforts to try to locate him. There would be little sense in requiring the College to continue to send letters or courier packages that will not reach the registrant or emails that will bounce back.
12College counsel has advised that once a hearing date is set, she intends to try calling the registrant to advise him of the hearing dates and request that he return her phone call. I would ask that she also advise him that the hearing may proceed in his absence and that the panel’s orders could include the revocation or suspension of his certificate of registration and orders that he pay the College costs of the hearing and/or reimburse monies paid for the patient’s therapy and counselling.
Order
13The College is not required to provide further notice to the registrant, except for a phone call as outlined in para. 13.