Human Rights Tribunal of Ontario
B E T W E E N:
Houman Hedayati Applicant
-and-
Mister Keys Limited, Thomas Davies and Ana Paula Gergi Respondents
INTERIM DECISION
Adjudicator: Kaye Joachim Date: October 1, 2008 Citation: 2008 HRTO 121 Indexed as: Hedayati v. Mister Keys
Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto, ON M7A 2A3 Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322 TTY (416) 314-2379 / (toll free) 1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca
1This is an application filed August 13, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2The purpose of this interim decision is to determine the applicant's request to adjourn the mediation until January 2009.
3The Tribunal scheduled mediation for September 18, 2008. This mediation was adjourned upon advice from the applicant's representative that the applicant had been called out of the country unexpectedly.
4The applicant's representative has since advised that the applicant is currently in Germany taking care of a terminally ill family member who is not expected to live beyond six weeks. The applicant plans to remain in Germany to deal with the subsequent estate issues, and estimates that he will not be in a position to return to Canada until January 2009. The applicant is the only family member who can take on these responsibilities.
5The respondents have agreed to the adjournment in light of the circumstances set out above but assert they will suffer prejudice due to weakening memories of witnesses in light of the 2 ½ years which have transpired since the events took place.
6All parties agree they are available for mediation on February 2, 2009.
7In light of the circumstances, the Tribunal adjourns the mediation until February 2, 2009. If the applicant should return to Canada prior to February 2, 2009, or become aware that he will be able to return to Canada prior to February 2, 2009, he shall immediately advise the Tribunal and the Tribunal will attempt to find an earlier date for the mediation. The applicant is directed to maintain contact with his representative and, through his representative, with the Tribunal in the event contact with him is required prior to the mediation date.
Dated at Toronto, this 1st day of October, 2008.
"Signed by"
Kaye Joachim Alternate Chair