Chorikov v. York Condominium Corporation, 2008 HRTO 418

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Victor Chorikov Applicant

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York Condominium Corporation No. 201, Lana Salenkova, David Tartakovsky and Vella Tartakovsky Respondents

AND B E T W E E N:

Nataliya Baydakova Applicant

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York Condominium Corporation No. 201, Lana Salenkova, David Tartakovsky and Vella Tartakovsky Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: December 19, 2008 Citation: 2008 HRTO 418 Indexed as: Chorikov v. York Condominium Corporation

Reasons for Decision

1The purpose of this decision is to address the applicants’ request to advance the date of the case resolution hearing scheduled for April 2009.

2In a previous Interim Decision, the Tribunal sought submissions from the respondents to explain the potential discrepancy between the respondents’ assertion that Mr. and Mrs. Tartakovsky were unable to attend the mediation on October 27, 2008 or prepare for an early case resolution conference due to a serious illness of Mrs. Tartakovsky’s and the applicants’ assertion that they saw Mrs. Tartakovsky in apparent good health on October 31, 2008.

3For privacy reasons, it is unnecessary to provide any details of the nature of the illness. Based on the documents submitted by the respondents, the Tribunal is satisfied that Mrs. Tarkakovsky was hospitalized from October 25 to October 27, 2008 (the date of the mediation) for a potentially serious medical situation. This assertion, which I find is substantiated, led to the parties’ agreement to extend the dates for filing statements of facts and remedy and making disclosure and the scheduling of the April 2009 hearing date.

4In the circumstances, the applicants’ request to advance the date of the case resolution conference is denied.