Wallace Crispin Barnes v. Dr. Edward E. Vivoda, 2011 HRTO 118

Human Rights Tribunal of Ontario

B E T W E E N:

Wallace Crispin Barnes Applicant

-and-

Dr. Edward E. Vivoda Respondent

INTERIM DECISION

Adjudicator: David Muir Date: January 17, 2011 Citation: 2011 HRTO 118 Indexed as: Barnes v. Vivoda

1This is an Application made under s. 53(5) of the Ontario Human Rights Code, dated May 12, 2009. The underlying complaint was filed with the Ontario Human Rights Commission (the "Commission") on May 12, 2008. This decision deals with an adjournment request made by the applicant on January 14, 2011.

2The applicant is a police officer employed by the Toronto Police Services Board. The basis for the request is that the applicant wishes to attend the funeral of Ryan Russell another Toronto Police officer who was slain in tragic circumstances on January 12, 2011.

3The position of the respondent was sought however, his counsel is on vacation and out of the country, and has been unable to get instructions. Counsel for the respondent did acknowledge the unusual and tragic circumstances underlying the request.

4Had consent been provided by the respondent the request would have been granted. However I also find that the request ought to be granted as it is based on the kind of extraordinary circumstances contemplated by the Tribunal's Practice Direction dealing with such matters.

5Accordingly the adjournment is granted and the hearing date of January 18, 2011 is adjourned.

6As noted by the respondent this matter has lingered for some considerable amount of time and should proceed expeditiously. The Tribunal offers the following dates for the hearing of this case: March 7, 10, 11, 14, 15, 16, 17 or 18, 2011.

7The parties are directed to confirm their availability on these dates within 7 days of the date of this Interim Decision, so that the one day hearing can be rescheduled.

8I am not seized of this Application.