Suraj Persad v. Toronto District School Board, 2012 HRTO 1338

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Suraj Persad

Applicant

-and-

Toronto District School Board

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Date: July 5, 2012

Citation: 2012 HRTO 1338

Indexed as: Persad v. Toronto District School Board

WRITTEN SUBMISSIONS

Suraj Persad, Applicant

Self-represented

Toronto District School Board, Respondent

Grant Bowers, Counsel

1This is an Application alleging discrimination in employment on the basis of creed contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended. This matter was scheduled to proceed to a preliminary hearing on delay May 9, 2012, but did not proceed on that day because the respondent objected to the late delivery and incomplete information found in the applicant’s book of documents. The matter was adjourned to June 20, 2012

2On June 20, 2012, the Tribunal heard evidence concerning the applicant’s interaction with his union, which necessitated the respondent to seek to adjourn the matter to another day in order to call a witness to rebut this evidence. The applicant strenuously objected to the adjournment to July 10, 2012, the earliest date on which everyone was available.

3Now the applicant seeks an adjournment on the basis that he is no longer represented by the counsel who represented him on the previous two days, and needs time to instruct and retain new counsel. The respondent objects to this adjournment request, although, other than setting out the protracted timeline (some of which is set out above), the respondent does not say on what basis it objects.

4Given the apparent lack of prejudice to the respondent and its ability to call the witness from the union, I am prepared to grant a brief adjournment to allow the applicant the time to retain counsel. The parties are directed to provide the Registrar with their available dates (if known) in September and October, 2012 within two weeks of the date of this Interim Decision. In the event that the applicant has not retained counsel by then, he will be expected to select someone on the basis that he or she will be able to attend on the dates selected by the Tribunal.