HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Sheryl Brown
Applicant
-and-
Diamond Institute of Business and Computer Technology Inc.
Respondent
INTERIM DECISION
Adjudicator: Mary Truemner
Indexed as: Brown v. Diamond Institute of Business and Computer Technology
Appearances
Sheryl Brown, Applicant ) On her own behalf
Diamond Institute of Business and ) Luciana P. Brasil, Counsel
Computer Technology Inc., )
Joe Gagliardi and Katharine Brooks ) )
Archer Education Group Inc. ) No one appearing
[1] The applicant filed an Application against Archer Education Group Inc., Diamond Institute of Business and Computer Technology Inc., Joe Gagliardi and Katharine Brooks under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The hearing was scheduled to begin on Monday, December 5, 2011.
[2] At the commencement of the hearing, the applicant appeared by way of teleconference and requested an adjournment on the basis that she had been ill over the weekend and was still recovering with continuing stomach problems at home. She provided details with respect to her hospitalization, diagnosis of food poisoning and prescriptions. No one from Archer Education Group Inc. participated.
[3] The other respondents’ counsel opposed the applicant’s request, explaining that she had texted and telephoned the applicant to confirm that the applicant would be attending the hearing, and, upon receiving no reply, flew from Vancouver expecting the hearing to proceed. She had ready the personal respondents and all her witnesses at the hearing. She also opposed the applicant’s suggestion that she be permitted to participate and provide evidence by way of teleconference.
[4] The applicant assured the Tribunal that she was recovering quickly, and would be in attendance in person for the second scheduled day of hearing, Tuesday, December 6, 2011. In the circumstances, I orally granted the request to adjourn December 5, 2011.
[5] On Tuesday, December 6, 2011, the applicant appeared in person and requested to withdraw the Application as against Archer Education Group Inc., Joe Gagliardi and Katharine Brooks. While Archer Education Group Inc. did not participate, the other respondents consented to the request. In the circumstances, I orally granted the request to withdraw the Application against the personal respondents and Archer Education Group Inc., so that only Diamond Institute of Business and Computer Technology Inc. remain as a respondent.
The style of cause has been amended to reflect the change.
Dated at Toronto, this 7^th^ day of December, 2011.
“signed by”
Mary Truemner
Vice-chair