HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Yu Naka Applicant
-and-
Canaan Transport Group Inc. and Danny Liu Respondents
INTERIM DECISION
Adjudicator: Geneviève Debané Date: October 23, 2012 Citation: 2012 HRTO 2005 Indexed as: Naka v. Canaan Transport Group Inc.
WRITTEN SUBMISSIONS
Yu Naka, Applicant Emma Carver and David Didiodato, Representatives
1On October 19, 2012, the Tribunal issued Interim Decision 2012 HRTO 1988 granting the adjournment of the hearing scheduled on October 22 and 23, 2012.
2Although the applicant’s representatives filed timely submissions opposing the adjournment of the hearing, these were not before me when I issued the Interim Decision. I find that it is appropriate for me to address these submissions.
3The applicant’s representatives opposed the adjournment request because Kenny Yau, who was Mr. Liu’s legal representative, gave conflicting and inconsistent reasons for the adjournment of the hearing. They also note that Mr. Liu has failed to provide any hearing materials.
4The applicant’s legal representatives allege that Mr. Yau first sought the adjournment of the hearing for “personal reasons”. Then a few days later Mr. Yau advised that he could not attend the hearing because he had been served with a subpoena to attend Court on October 22, 2012. Finally, when the applicant’s legal representatives reached Mr. Yau directly, Mr. Yau told them that he would be out of the country.
5Even had these submissions been before me, I would have adjourned the hearing because Mr. Liu was without legal representation through no fault of his own and had insufficient notice to obtain a new legal representative. Although the applicant’s representatives state that Mr. Yau had two weeks to transfer the file to another paralegal, I find that Mr. Liu should not be deprived of legal representation at the hearing because of Mr. Yau’s conduct.
Dated at Toronto, this 23rd day of October, 2012.
“Signed by”
Geneviève Debané Vice-chair