Auxilia Goromonzi v. St. Joseph Health Care Foundation, 2009 HRTO 646

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Auxilia Goromonzi

Applicant

-and-

St. Joseph Health Care Foundation

Respondent

INTERIM DECISION

Adjudicator: Michael Gottheil

Date: May 15, 2009

Citation: 2009 HRTO 646

Indexed as: Goromonzi v. St. Joseph Health Care Foundation

1This is an Application alleging discrimination in the provision of goods, services and facilities on the grounds of race, ancestry, place of origin, ethnic origin, and age contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant has also filed a Request to Expedite pursuant to Rule 21 of the Tribunal’s Rules of Procedure.

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 this case, the actions which are alleged to be discriminatory and the remedy that is being sought relate to the applicant’s ability to attend an event taking place on May 22, 2009. The respondents are not opposed to having the matter expedited. If this matter is not heard and determined prior to May 22, 2009, the issues raised in this Application, and the remedy requested will be moot. The Tribunal is satisfied that in these particular circumstances a hearing should be held prior to May 22, 2009.

5The applicant’s Request to Expedite is granted. The Tribunal’s Registrar will schedule a one-day hearing on May 21, 2009. A Case Assessment Direction to the parties will follow which will provide procedural and other directions for the fair and expeditious resolution of this Application.