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Human Rights Tribunal of Ontario
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**B E T W E E N:**
David Dmitri Frolov
Applicant
-and-
Mosregion Investment Corporation and Dina Stolyarova
Respondents
**AND B E T W E E N:**
Dina Stolyarova
Applicant
-and-
Mosregion Investment Corporation, Igor Bakouchev and David Frolov
Respondents
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**INTERIM DECISION**
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**Adjudicator:** Alison Renton
**Date:** April 14, 2009
**Citation:** 2009 HRTO 427
**Indexed as:** Frolov v. Mosregion Investment Corporation
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## APPEARANCES
David Frolov, Applicant ) On his own behalf
Dina Stoylarova, Respondent ) Grace Vaccarelli, Counsel
Igor Bakouchev, Respondent ) On his behalf and on behalf of the Corporate Respondent
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[1] This Interim Decision addresses a request submitted by the respondent Igor Bakouchev (“Mr. Bakouchev”) to adjourn the April hearing dates that were set by the parties when attending the March 3, 2009 hearing. These dates were confirmed by the Tribunal by a Confirmation of Hearing Notice issued to the parties dated March 6, 2009.
[2] Mr. Bakouchev submits that the April hearing dates should be adjourned because David Frolov (who is an applicant in his own Application and a personal respondent in Dina Stolyarova’s Application) will be out of the country on business during the scheduled April hearing dates. Mr. Frolov is an employee of the corporate respondent. Mr. Bakouchev submitted that Mr. Frolov will be out of the country commencing April 13, 2009 with an expected return date of the week of May 24, 2009. Mr. Bakouchev provided a copy of Mr. Frolov’s airline ticket confirming his flight from Toronto to Amsterdam on April 13, 2009. Mr. Bakouchev submitted that at the March 3, 2009 hearing, he advised the parties and the Vice-chair of the possibility of a business trip which would result in either he or Mr. Frolov being unavailable for the hearing dates. Mr. Bakouchev provided alternate hearing dates in June and July 2009.
[3] As of the date of this Interim Decision, Mr. Frolov has not filed a response to Mr. Bakouchev’s adjournment request. Ms. Vaccarelli, counsel for Ms. Stolyarova, filed a Response to a Request for an Order objecting to the adjournment request. Ms. Vaccarelli submitted that Mr. Bakouchev’s request was not in accordance with the Tribunal’s Information Bulletin regarding adjournments, that Mr. Bakouchev and Mr. Frolov were aware of the hearing dates when they chose to schedule a business trip, that Mr. Bakouchev had full control over the scheduling of his business trip and has not provided any explanation as to why the trip could not be postponed for a few weeks. Ms. Vaccarelli also submitted that the other parties were trying to prolong the proceeding, which was prejudicial to Ms. Stolyarova, although no submissions were made about the prejudice that would occur to Ms. Stolyarova. Ms. Vaccarelli also submitted that before granting the adjournment request that Mr. Bakouchev and Mr. Frolov should provide an itinerary of Mr. Frolov’s trip, including who he is meeting with on what dates, his confirmation for accommodations in the countries to which he is travelling and his flight tickets to those other countries and his return flight ticket back to Toronto.
## ORDER
[4] Mr. Bakouchev’s request for an adjournment is granted. At the March 3, 2009 hearing, Mr. Bakouchev and Mr. Frolov advised that a business trip may take them out of the country which would impact the scheduling of continued hearing dates. While Mr. Bakouchev thought that the business trip would not be until the period of May to August, 2009, and the business trip is now scheduled for April to May 2009, the fact remains that this was an issue that Mr. Bakouchev and Mr. Frolov had previously identified. Further, based upon the response filed by Ms. Vaccarelli, I do not find any prejudice to Ms. Stolyarova, particularly since Mr. Bakouchev has provided further continuation dates for June and July 2009.
[5] Therefore, I order:
a) the hearing dates scheduled for April 21, 22, 23, 28 and 29 are cancelled;
b) within five (5) days of the date of this Interim Decision, Ms. Vaccarelli is to advise the Tribunal of her availability and the availability of Ms. Stolyarova for June 29, 30, July 2, 3, 27, 28, 29, 30 and 31, 2009 so that the Tribunal can schedule five (5) additional hearing dates.
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Dated at Toronto, this 14<sup>th</sup> day of April, 2009.
“Signed by”
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Alison Renton
Vice-chair
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minicounsel