Brampton Children's Residential Services v. Sandringham Place Inc., Golden Maple Homes Inc., Board of Inquiry, February 2002 BOI 02-003-I

12 Pages·2002·0.32 MB·English

by  Human Rights Tribunal of Ontario/Board of Inquiry

:
BOARD OF INQUIRY
{Human Rights Code)
Ontario
IN THE MATTER OF the Ontario Human Rights Code, R.S.O. 1990, c.H.19, as amended;
AND IN THE MATTER OF the complaint by Brampton Children's Residential Services,
Brenda Mason and David MacDonald, dated June 5, 2000, alleging discrimination with respect
to the provision of accommodation because of handicap, by association and family status by
Sandringham Place Inc., Golden Maple Homes Inc., and Gilbert Duchamp and Andre Duchamp.
BETWEEN
Ontario Human Rights Commission
- and -
Brampton Children's Residential Services, David MacDonald and Brenda Mason
Complainants
- and -
Sandringham Place Inc., Golden Maple Homes Inc., and Gilbert Duchamp and Andre Duchamp
Respondents
INTERIM DECISION
The Panel: Patricia E. DeGuire, The Honourable Alvin B. Rosenberg, Q.C. and
Mark Sandler
Date: February 1, 2002
Board File No: BI-0369-00 to BI-0380-00
Decision No.: 02-003-1
Board ofInquiry (Human Rights Code)
505 University Avenue
5th Floor, Toronto ON M5G 2P3
Phone [phone] Fax:[phone] Toll free 1-800-668-3946
TTY: [phone]/ 1-800-424-1168
ONTARIO WORKPLACE
TRIBUNALS LIBRARY
1 505 University Avenue, 7th Floor
Toronto, ON M5G 2P2

APPEARANCES
Ontario Human Rights Commission Naomi Overend
Brenda Mason, Complainant on her own behalf
David MacDonald, Complainant on his own behalf
Sandringham Place Inc., Golden Maple
)
Homes Inc., Corporate Respondents Paul H. Starkman
)
)

;
INTRODUCTION
These are the Board's Reasons and Interim Order for its Decision concerning the
disposition ofa motion brought by Sandringham Place Inc., and Golden Maple Homes Inc., (the
"Respondents") for disclosure ofdocuments, among other things.
THE MOTION
The Respondents seek an Order from the Board as follows:
(i) striking out Brenda Mason's and David MacDonald's (the "Complainants")
complaint;
(ii) alternatively, striking out the Complainants' claim for damages based on
economic loss, lost profits and/or wages;
(iii) that the Complainants and the Ontario Human Rights Commission (the
"Commission") disclose the documents and information requested by the
Respondents and ordered by the Board on May 8, 2001
(iv) alternatively, that the Complainants and the Commission not be entitled to adduce
documents or other evidence at the hearing which have not been disclosed;
(v) costs ofthis motion; and
(vi) such further reliefthe Board may deemjust.

At the hearing, however, the Respondents argue only for disclosure concerning eighteen
separate items that counsel submits had not been disclosed, either pursuant to the Board's Order
ofMay 8, 2001, or pursuant to the obligation to disclose. The Commission's counsel responds
to each item, but in a general submission, argues that since the hearing on the merits has been
bifurcated, and since the Board will consider and determine liability before a hearing on remedy,
ifnecessary, the Board should consider only such matters ofdisclosure as related to liability. It
is the unanimous view ofthe panel that this approach is appropriate.
DECISION
The Respondents succeed in part. Only certain documents relating to the liability aspect
of these proceedings are ordered disclosed at this juncture. The Board's Order concerning
disclosure is set out below in the section entitled "Order".
The hearing on the merits is bifurcated. Ifthe Complainants and the Commission are not
successful on the question ofliability, then the disclosure related to remedy would be completely
unnecessary. In the Board's view, only two ofthe items the Respondents contend to be arguably
relevant are related to the question ofliability. Accordingly, the panel deals only with those two
items at this time without prejudice to the Respondents' right to argue for the other items, ifand
when liability is determined in favour ofthe Complainants and the Commission.
ORDER
Accordingly, the panel orders as follows:
1. The Complainants and Commission shall provide to the Respondents, by Will-
say, all information that they have concerning the diagnoses of the four youths
2
%
who, they say it was anticipated, would be residents of the Brampton
establishment, but without disclosing their names or information which might
lead to a disclosure oftheir identity; and
2. With regard to the bankruptcies of the Complainants, the Complainants and the
Commission shall provide sufficient information with regard to the dates of
bankruptcies, dates of discharges and position of the Trustee(s), to show that the
Complainants, and not the Trustee(s), are entitled to whatever award may be made
in the Complainants' favour as a result ofthese proceedings.
The Board directs that the Complainants and the Commission comply with its Order by February
28th 2002. Also, the Board directs the Respondents to comply with its May 8, 2001 Order
,
concerning disclosures by February 13th 2002. That Order is modified so that only that which
,
relates to liability should be disclosed at thisjuncture.
Dated at Toronto, this 1st day ofFebruary, 2002.
Patricia E. DeGuire, Vice-Chair
The Honourable Alvin B. Rosenberg, Q.C., Member