Carmen Nuque v. Medisystem Pharmacy and Anna Kolonikina, 2009 HRTO 600

Human Rights Tribunal of Ontario

Between:

Carmen Nuque Applicant

-and-

Medisystem Pharmacy and Anna Kolonikina Respondents

Interim Decision

Adjudicator: Sherry Liang Date: May 8, 2009 Citation: 2009 HRTO 600 Indexed as: Nuque v. Medisystem Pharmacy

1This is an Application alleging discrimination on the basis of race, colour, ancestry, place of origin and citizenship contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The applicant has filed a Request to Expedite the Application, citing the mental and emotional effects of the alleged discrimination, including the loss of an opportunity to prepare herself for a Pharmacist's Exam due to an inability to concentrate.

2The Tribunal's Rules of Procedure provide for applications to be dealt with in an expedited manner in urgent circumstances. Rule 21.1 provides that an applicant may request that the Tribunal deal with an application on an expedited basis in circumstances which require an urgent resolution of the issues in dispute. Rule 21.2 requires an applicant seeking an expedited application to identify any urgent circumstances that may affect the fair and just resolution of the merits of the application and the harm that would result if the request is denied.

3In Weerawardane v. 2152458 Ontario Ltd., 2008 HRTO 53, at para. 9 the Tribunal held that, for a request to expedite to be granted, the applicant must demonstrate that the circumstances are truly urgent, requiring the resolution of the human rights dispute in a particularly rapid manner as compared with the time required to complete the Tribunal's regular process.

4In accordance with Rules 5.2 and 21.3 of the Tribunal's Rules of Procedure, the Tribunal does not require a Response to Request to Expedite from the respondents. Having reviewed the applicant's materials, I cannot conclude that this Request to Expedite meets the high threshold required by the Tribunal's jurisprudence. Without questioning the sincerity of the applicant's description of her feelings, in my view, the harm the applicant alleges she will suffer is not an urgent circumstance which warrants giving this Application priority for Tribunal resources over other matters. The Request to Expedite is denied.

5In correspondence with the Tribunal, the applicant indicated that the personal respondent should have been named as Anna Kolonikina. The style of cause is amended accordingly.