HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Timothy Sander
Applicant
-and-
Coca-Cola Bottling Company
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Sander v. Coca-Cola Bottling Company
WRITTEN SUBMISSIONS
Timothy Sander, Applicant
Beverley Burns, Counsel
Coca-Cola Bottling Company, Respondent
Lia Chiarotto, Counsel
Introduction
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability. The respondent has filed a Response denying the allegations.
2A hearing was held in Toronto on May 1, 2 and 3, 2012. The evidentiary portion of the hearing concluded on May 3, 2012. The parties agreed to make their final closing submissions on June 19, 2012.
3On June 7, 2012, Ms. Burns sought the respondent’s consent to adjourn the June 19, 2012 hearing. On June 12, 2012, the respondent advised that it was not consenting to the adjournment of the hearing.
4On June 12, 2012 the Tribunal received a request from Ms. Burns to adjourn the June 19, 2012 hearing. Ms. Burns explained that the articling student who had carriage of the file is no longer with the firm and that no lawyers at her firm are available to attend the hearing.
5The respondent objects to the adjournment request on the basis that there is no explanation as to when the articling student left and why this adjournment request was not made prior to June 7, 2012. The respondent takes the position that this is not an exceptional circumstance which justifies adjourning the June 19, 2012 hearing date and does not wish the hearing to be delayed.
Decision
6I have considered the submissions of the parties and I find that it is appropriate to adjourn the June 19, 2012 hearing. I accept Ms. Burn’s assertion that no legal representative is available to attend the hearing. I find that Mr. Sander was diligent in retaining legal representation, and that he should not be negatively impacted by the fact that his legal representative is no longer employed by the law firm he retained. I find that it would be unfair to put Mr. Sander in a position that he has to retain new counsel or represent himself at the June 19, 2012 hearing.
Order
7Therefore, the June 19, 2012 hearing is cancelled and adjourned to a date to be agreed to by the parties. The Registrar will canvass available dates with the parties.
8As it is unlikely that the hearing will be reconvened before August 2012, alternatively, the parties, if they prefer, can on consent, forego oral closing submissions and instead file written closing submissions. If there is such consent, then the parties must advise the Registrar by June 20, 2012 of their agreed to proposed time-table for the exchange of written submissions.
Dated at Toronto, this 14th day of June, 2012.
“signed by”
Geneviève Debané
Vice-chair