HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Traci Ketchum
Applicant
-and-
Serco DES Inc.
Respondent
INTERIM DECISION
Adjudicator: Sherry Liang
Indexed as: Ketchum v. Serco DES
1This is an Application filed on July 16, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).
2The Notice of Hearing in this matter was issued on June 21, 2011. On the same day, the applicant sent correspondence to the Tribunal indicating that she will not be able to attend the hearing. She states
…I no longer live in Ontario and therefore will not be able to travel to Ontario for any meeting, no matter what the date and time…My military duties will no[t] allow for time off for this matter and [I] wish to proceed as we have been doing thus far, by correspondence.
3As stated in Pinkney v. Datex Billing Services, 2009 HRTO 1732, the Tribunal’s ordinary expectation is that participants, especially parties, make themselves available in person to testify and submit to cross-examination and also be present in person to question other witnesses. This is a matter involving conversations between the applicant and staff of the respondent and the Tribunal may be required to make findings of fact or credibility based on the oral evidence of witnesses.
4This is not a matter that may be determined based on written submissions only. The applicant’s presence is required in order to ensure that evidence and argument can be provided and the hearing takes place in a fair, just and expeditious manner.
5The Tribunal will therefore not cancel the hearing and decide the Application based on written submissions only. The hearing in this matter is scheduled for January 6, 2012.
6Under the Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments, the Tribunal will re-schedule this hearing if the applicant provides five alternative dates that fall within 12 weeks of the original hearing date. Despite the applicant’s statement that she will not be able to attend any hearing in Ontario, no matter the date and time, the Tribunal will consider a request to re-schedule if the applicant provides such alternative dates.
7The applicant is directed to advise the Tribunal, within two weeks of this Interim Decision, whether she wishes to proceed with the hearing on January 6, 2012, or ask the Tribunal to re-schedule in accordance with her alternative dates. If she does not communicate with the Tribunal within two weeks, the Tribunal may decide that she has abandoned the Application and dismiss it on that basis.
8I am not seized of this matter.
Dated at Toronto this 29th day of June, 2011.
”signed by”________________
Sherry Liang
Vice-chair