HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Curtis Quintyne
Applicant
-and-
P.K. Creek Bar and Grill
Respondent
INTERIM DECISION
Adjudicator: Ken Bhattacharjee
Date: July 11, 2012
Citation: 2012 HRTO 1373
Indexed as: Quintyne v. P.K. Creek Bar and Grill
WRITTEN SUBMISSIONS
PK Creek Bar and Grill, Respondent ) Dharminder Kumar,
) Representative
Curtis Quintyne, Applicant ) Self-represented
1The purpose of this Interim Decision is to deal with the respondent’s request to adjourn and reschedule the hearing.
2On March 15, 2012, the Tribunal issued a Notice of Rescheduled Confirmation of Hearing to the parties, which informed them that the hearing was scheduled for July 13, 2012. The Notice also informed the parties that requests for adjournments will be dealt with in accordance with the Tribunal’s Practice Direction: Scheduling of Hearings and Mediations, Rescheduling Requests, and Request for Adjournments. The Practice Direction provides that requests to reschedule a hearing must be made within 14 days of receiving the Notice, and requests for adjournments thereafter will only be granted in extraordinary circumstances, such as the illness of a party, witness, or representative.
3On July 9, 2012, the respondent sent the Tribunal an e-mail which requested that the hearing be adjourned and rescheduled on the basis that its main witness cannot attend the hearing at this time because her father, who is extremely ill with cancer, is close to death.
4On July 10, 2012, the applicant sent the Tribunal two e-mails which opposed the respondent’s request. The applicant stated that the hearing has already been rescheduled before, and he has already booked the day off work and found someone to fill his shift. He also stated that he is sorry to hear about the witness’s situation, but that she should be able to attend the hearing for a few hours.
5I appreciate that adjourning and rescheduling the hearing will be frustrating for the applicant, but, in my view, the current situation of the respondent’s main witness constitutes an extraordinary circumstance that justifies adjourning and rescheduling the hearing. I do not believe that it would be fair to the respondent for the Tribunal to hear the case without hearing from its main witness, or that it would be fair to the witness to compel her to attend the hearing and testify when her father is close to death.
6Accordingly, the respondent’s request to adjourn and reschedule the hearing is granted. The Tribunal directs the parties to communicate with each other, and advise the Registrar by no later than two weeks from the date of this Interim Decision, as to their availability for a rescheduled hearing date. If no communication is received from the parties, the Tribunal may set the hearing date without further consultation with the parties.
Dated at Toronto, this 11th day of July, 2012.
Signed by
Ken Bhattacharjee
Vice-chair