HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Darrell Callwood
Applicant
-and-
Franchise Management Inc. o/a 1726496 Ontario Inc. and Angelo Ianiri
Respondents
INTERIM DECISION
Adjudicator: Kaye Joachim
Indexed as: Callwood v. 1726496 Ontario
1This is an Application filed April 27, 2009 under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The applicant alleges that he was discriminated in employment by the respondents on the basis of race, colour, ethnic origin and creed. In particular, he alleges that he was arbitrarily demoted in March 2009 from the position of Assistant Manager to shift manager and terminated in April 2010.
2A hearing is scheduled for February 22 and 23, 2011. The purpose of this Interim Decision is to address the applicant's Request for Order During Proceeding ("RFOP") seeking an adjournment in order to interview and summons witnesses for the upcoming hearing. The respondents opposed the adjournment request.
Exemption from disclosing witness names and statements of proposed evidence
3In a prior Interim Decision, 2011 HRTO 200, I ordered the applicant to provide a list of witnesses or a statement of their proposed evidence, and he has not yet done so. In addition, the applicant made reference to audio recordings that he may wish to rely upon. The applicant is immediately ordered to comply with his obligation to disclose these recordings to the respondents.
4The consequence, if any, of the failure to comply with the Tribunal's Rules and this Interim Decision will be dealt with at the hearing.
Adjournment of the Proceedings
5The applicant wrote to the respondents on December 18, 2010 seeking to attend at the respondent's premises to interview various witnesses and possibly deliver summons to them. The respondents declined to admit the applicant on the premises for this purpose. For this reason the applicant is seeking an adjournment in order for him to continue his investigation. Also, the applicant advised that he wished to seek the assistance of the Human Rights Legal Support Centre.
6This hearing has been scheduled since October 7, 2010. The applicant has offered no explanation why he has not made earlier attempts to speak to his potential witnesses and summons them prior to this time. Nor has he indicated what efforts he made to obtain the assistance of the Legal Support Centre.
7At this stage I am not satisfied that the applicant has set out a sufficient reason for an adjournment. At the hearing, I will hear further from the applicant about who he would like to call as a witness and what he believes they will say. At that time, and after hearing the evidence of the applicant and the respondents, I will determine if an adjournment is required to permit the applicant to arrange for additional witnesses to attend.
8The Request for an adjournment is denied. The hearing will proceed as scheduled.
Dated at Toronto this 8th day of February, 2011
"Signed By"
Kaye Joachim
Member