Edwards v. Heydary Hamilton, 2011 HRTO 1954

Human Rights Tribunal of Ontario

B E T W E E N:

Kai York Edwards

Applicant

-and-

Heydary Hamilton Professional Corporation

Respondent

INTERIM DECISION

Adjudicator: Douglas Sanderson

Date: October 28, 2011

Citation: 2011 HRTO 1954

Indexed as: Edwards v. Heydary Hamilton

1In a previous Interim Decision, 2011 HRTO 421, the Tribunal deferred this Application pending the conclusion of a reconsideration of an Ontario Ministry of Labour Order made pursuant to the Employment Standards Act, S.O. 2000, c. 41 (the “ESA”). That proceeding has now concluded and the applicant has now filed a Request for Order During Proceedings to reactivate the deferred Application. The applicant also requested the Tribunal to expedite the Application, but did not follow the Tribunal’s Rules of Procedure (the “Rules”) regarding Expedited Proceeding. The respondent agrees that the Tribunal should reactivate the Application, but opposes the applicant request that it be expedited.

2There is no basis for expediting this Application. Pursuant to Rule 21.2.1 of the Rules, the Tribunal need not give reasons where it denies a Request to Expedite. Nonetheless, I note that the applicant’s request met none of the requirements of Rule 21.2 and the applicant’s reason for seeking an expedited proceeding, the delay caused by the completion of the ESA matter, does not meet the high threshold of truly urgent circumstances, as described in the Tribunal’s Practice Direction on Requests to Expedite and Requests for an Interim Remedy.

3In the circumstances, the request to proceed is appropriate and is granted. The Registrar shall schedule the Application for a hearing.

4The request to expedite is denied.

5I am not seized of this matter.