Katz v. York University, 2012 HRTO 1660

Human Rights Tribunal of Ontario

B E T W E E N:

Samuel Katz

Applicant

-and-

York University

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend Date: August 31, 2012 Citation: 2012 HRTO 1660 Indexed as: Katz v. York University

WRITTEN SUBMISSIONS

Samuel Katz, Applicant Paul N. Feldman, Counsel

York University, Respondent Ronald G. Slaght, Counsel

1This Application alleges discrimination with respect to goods, services and facilities because of creed and ethnic origin contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The hearing in this matter is scheduled for October 3-4, 2012.

2The applicant has asked for an adjournment of these hearing days on the basis that he is required to attend a work-related event on October 4, 2012 and on the basis that his counsel does not have sufficient time to prepare for the upcoming hearing. This request is opposed by the respondent.

3The request for the adjournment is denied. The applicant’s new counsel, Paul Feldman, has had almost three months to prepare for the upcoming hearing since assuming carriage of the file on July 11, 2012. Moreover, he is assisted by Eric Turkienicz, who moved to Mr. Feldman’s firm when the applicant’s former counsel was appointed to the bench. Mr. Turkienicz did work on this file under the direction of the applicant’s former counsel.

4With respect to the work-related event, I was not advised the time the applicant was required to attend, only that the event was scheduled some time that day. In any event, the issues raised by this Application do not appear to be complex and it is quite possible that the hearing will conclude on October 3, 2012, in which case the conflict will be resolved.

5Finally, the applicant has advised that he intends to call only two witnesses: himself and Anita Bromberg. I have reviewed the summary of Ms. Bromberg’s anticipated evidence and it is not clear to me that Ms. Bromberg’s observations will assist the Tribunal in the determination of the issues arising in this Application. Counsel for the applicant should be prepared to make oral submissions concerning the relevance of her evidence at the hearing.