HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Nalliah Balachandran
Applicant
-and-
Thermadie Tooling Inc., Marko Naterer and Tim Lasseter
Respondents
INTERIM DECISION
Adjudicator: Kaye Joachim
Indexed as: Balachandran v. Thermadie Tooling
1This is an Application filed October 2, 2008 under section 53(3) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Case Resolution Conference in this matter is scheduled for May 19 and 20, 2009.
2The respondents have requested an adjournment on the basis that a lawyer in the law firm retained by it resigned from the firm effective May 1, 2009. The firm is committed to appear at a trial on the dates set for this hearing. Respondents say that because of this, their counsel is no longer available to appear at the Case Resolution Conference. The applicant opposes the adjournment on the basis that he now resides in Alberta and has already booked a flight to attend the hearing.
3At this stage, in light of the limited information available, I am not satisfied that it would be fair, just and expeditious to grant the adjournment. The lawyer who recently resigned is not the lawyer on record as representing the respondents so it is not clear why that lawyer cannot continue. The law firm appears to comprise several lawyers. It was not explained why another lawyer cannot take over either the trial or this hearing. It appears that the applicant would suffer financial hardship if the hearing was adjourned.
4Accordingly, the Request for an adjournment is denied.
Dated at Toronto, this 20th day of April, 2009.
“Signed by”
Kaye Joachim
Alternate Chair