HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Masoud Naddafi
Complainant
-and-
Ontario Human Rights Commission
Commission
-and-
Mitel Network Corporation, Gordon Gray and Louis Pomerleau
Respondents
INTERIM DECISION
Adjudicator: Jennifer Scott
Indexed as: Naddafi v. Mitel Network
Written submissions by
Masoud Naddafi, Applicant ) On his own behalf
Ontario Human Rights Commission ) Folarin Obikoya, ) Articling Student
Mitel Network Corporation, Gordon Gray ) Elisa Scali, Counsel and Louis Pomerleau, Respondents )
[1] This Interim Decision addresses a request by the complainant to delay the scheduling of a teleconference in this matter. The purpose of the teleconference is to determine the procedure to be followed for hearing the respondents’ request for an order dismissing the complaint and the Commission’s request for an order allowing it to withdraw from the proceeding. The respondents’ request is based on the allegation that the complainant has commenced a civil action on the same facts and allegations as contained in the complaint before the Tribunal. The Commission seeks an order allowing it to withdraw from the proceeding because it has reached an agreement with the respondents.
[2] The complainant has requested an extension of time to schedule the teleconference to allow him to retain legal counsel. He has submitted a note from a psychologist, Dr. Ahmad, dated July 22, 2009, in support of his request. Dr. Ahmad has advised that the complainant’s circumstances are such that he does not have the emotional strength or stamina to cope with major legal decisions in his life and as such, requires the advice of professionals and experts to guide him.
[3] The Commission has consented to adjourning the teleconference for a period of three months. The respondents have agreed to an adjournment of one month.
[4] The teleconference in this matter is adjourned for three months. During that time, the complainant must retain legal counsel and provide him/her with a copy of this Interim Decision. During the second week in December, a teleconference will take place with all parties and their legal counsel. The complainant must retain counsel who is available to participate on the December teleconference. During the teleconference, the Tribunal will canvass with the parties the process to be followed for determining the outstanding requests for orders, possible hearing dates and the order in which the requests will be heard.
[5] There will be no further adjournments in scheduling the teleconference. It will take place during the second week of December unless counsel for the complainant advises that he/she is unable to obtain instructions. Failing that, the teleconference will proceed. If the complainant has not retained counsel by the time of the December teleconference, the matter will proceed without counsel for the complainant.
Dated at Toronto, this 17^th^ day of September, 2009.
“Signed by”
Jennifer Scott
Vice-chair