HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kouros Gorgani
Applicant
-and-
Sybase Canada Limited
Respondent
INTERIM DECISION
Adjudicator: Michelle Flaherty
Indexed as: Gorgani v. Sybase Canada
Written submissions
Kouros Gorgani, Applicant ) John R. Evans, Counsel
Sybase Canada Limited, Respondent ) Richard Charney, Counsel
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) alleging discrimination on the basis of disability in employment. He also alleges reprisal or threat of reprisal.
2The matter has been scheduled for hearing on April 12, 13, and 14, 2011. The respondent has requested an adjournment because one of its witnesses is unavailable. The applicant opposes the Request for adjournment.
3The Request for adjournment is denied.
4The respondent submits that one of its key witnesses is currently on medical leave and unable to work. However, based on the materials before me, it does not appear that the absence of this witness means that the hearing cannot begin.
5At the hearing, the Tribunal may provide further direction to the parties as to the evidence of the witness in question. If the respondent’s position is that this witness is unable to testify at this time because of a disability, it may wish to provide evidence to this effect in advance of the hearing.
Dated at Toronto, this 29th day of March, 2011.
”signed by”___________
Michelle Flaherty
Vice-chair