HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Helen Gurofsky
Applicant
-and-
Toronto District School Board
Respondent
INTERIM DECISION
Adjudicator: Eric Whist
Indexed as: Gurofsky v. Toronto District School Board
1The applicant, Helen Gurofsky, filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on October 23, 2008. The applicant alleges that she was discriminated against in employment on the basis of age in relation to her efforts to be hired as a permanent contract teacher by the organizational respondent, the Toronto District School Board (“TDSB”). This Interim Decision is in regard to a Request for an Order During Proceedings (the “Request”) filed by the respondent seeking an adjournment of the hearing scheduled for September 23, 24 and 25, 2009. The applicant has also asked, by means of a letter, for an adjournment.
2The Tribunal’s Information Bulletin provides that requests to reschedule must be made within five (5) days of receiving the Confirmation of Hearing and that thereafter, adjournments will be granted only in extraordinary circumstances as last minute requests for adjournments can be a significant impediment to fair and timely access to justice. However, I have reviewed the Request in light of the Tribunal’s Information Bulletin and am satisfied that there are indeed extraordinary circumstances that warrant an adjournment in this case.
3The Tribunal only recently issued an Interim Decision that requires the respondent to produce a number of documents related to events going back two years. (2009 HRTO 1392 issued September 2, 2009). The respondent has a significant conflict with the scheduled dates and the applicant has had complications with retaining counsel. For these reasons the Request is allowed.
4Hearing dates will be re-scheduled by the Registrar.
Dated at Toronto, this 21st day of September, 2009.
“Signed by”
Eric Whist
Vice-chair