Noble v. Peel Law Association, 2009 HRTO 805

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brian Noble Applicant

-and-

Peel Law Association Respondent

A N D B E T W E E N:

Selwyn Pieters Applicant

-and-

Peel Law Association and Melissa Firth Respondents

INTERIM decision

Adjudicator: Brian Eyolfson Date: June 10, 2009 Citation: 2009 HRTO 805 Indexed as: Noble v. Peel Law Association

1This Interim Decision addresses a Request for an Order During Proceedings by one of the applicants, Selwyn Pieters, to adjourn the June 8, 2009 hearing date in these proceedings. On June 5, 2009, the parties were advised that the Request was granted with reasons to follow.

2In an earlier Interim Decision, 2009 HRTO 357, the Tribunal determined that these two Applications would be processed together under the Rules of Procedure for Applications under the Human Rights Code, Part IV.

3Prior to the earlier Interim Decision, the Tribunal sent a Confirmation of Hearing to the parties in Tribunal File No. 2008-00075-I, indicating a hearing was scheduled for June 8, 2009. On March 26, 2009, the Tribunal directed the applicants to provide their position on maintaining the June 8, 2009 hearing date. On March 26, 2009, Mr. Pieters advised that although he was available on June 8-9, 2009, those dates were set aside for preparation of other matters. He suggested that the June 8, 2009, date could be preserved for preliminary matters or for possible mediation. The Tribunal’s earlier Interim Decision was issued on March 27, 2009.

4Subsequently, no further Confirmation of Hearing was issued by the Tribunal. The Tribunal issued a Notice of Joint Mediation, dated May 20, 2009, scheduling a mediation for June 1, 2009, and indicating that if the mediation was not successful, the Tribunal would review the Application and issue a Confirmation of Hearing setting dates and the location of the hearing. The Notice also indicated that the parties may expect the hearing to commence approximately 16-18 weeks after the mediation date.

5On May 27, 2009, Mr. Pieters filed a Request for Order During Proceedings for an adjournment of the June 8, 2009 hearing date. Mr. Noble consented to the Request. The respondents oppose the Request.

6It appears that the Tribunal did not issue a Confirmation of Hearing in the application brought by Mr. Pieters. In addition, the Tribunal issued a Notice of Joint Mediation indicating that if mediation was not successful, the Tribunal would issue a Confirmation of Hearing setting dates and the location of the hearing. In the circumstances, the applicant’s Request to adjourn the June 8, 2009, hearing date is granted.

7I am not seized of this matter.