Kevin Pitts v. South Simcoe Police Services Board, 2012 HRTO 2257

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kevin Pitts

Applicant

-and-

South Simcoe Police Services Board

Respondent

INTERIM DECISION

Adjudicator: Mary Truemner Date: December 3, 2012 Citation: 2012 HRTO 2257 Indexed as: Pitts v. South Simcoe Police Services Board

APPEARANCES

Kevin Pitts, Applicant

Danny Kastner, Counsel

South Simcoe Police Services Board, Respondent

Patricia G. Murray, Counsel

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Two hearing days were scheduled for Monday, December 3, 2012 and Tuesday, December 4, 2012. On Friday, November 30, 2012, at 4:40 p.m., the respondent emailed the Tribunal to advise that the parties have reached a settlement in principle with the exception of one term that the parties were continuing to negotiate. The email also advised that one of the respondent’s instructing clients was hospitalized, so that finalizing the settlement was delayed.

2At the commencement of the hearing, counsel for the parties explained that the settlement was almost complete, and that the respondent expected, later today, the release of the instructing client who had been hospitalized since last Thursday. Neither counsel had brought their clients or their witnesses. The parties confirmed that they were seeking an adjournment.

3In the circumstances, I granted the adjournment for this day only, Monday, December 3, 2012. I told the parties that if a Form 25 has not been emailed or faxed to the Tribunal by 5:00 p.m., and marked urgent, then the hearing would proceed tomorrow (Tuesday, December 4, 2012). In the event that the hearing proceeds, the parties agreed to use the morning of December 4, 2012, for mediation-adjudication, and if the Application is not resolved by 1:30 p.m., then the applicant will be prepared to begin his testimony.