HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kimberley Murdoch
Applicant
-and-
2057809 Ontario Inc. o/a The Marlowe Restaurant and Wine Bar and Andrew Taranowski
Respondents
INTERIM DECISION
Adjudicator: Alan G. Smith
Indexed as: Murdoch v. 2057809 Ontario Inc.
WRITTEN SUBMISSIONS
Kimberley Murdoch, Applicant ) Paul Rochford, Counsel )
2057809 Ontario Inc. o/a )
The Marlowe ) Stephen M. Labow, Counsel
Restaurant and Wine Bar and )
Andrew Taranowski , Respondents )
BACKGROUND
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on January 25, 2012, alleging discrimination in employment because of marital status, sex, gender identity, and reprisal. The Tribunal delivered the Application to the respondents on February 9, 2012. The Notice of Application directed that a response must be filed no later than March 15, 2012.
2On March 14, 2012, the respondents filed a request for a two week extension of the time to file their Response. Counsel advised that the Tribunal’s website was under maintenance and inaccessible and he was unable to access the appropriate Tribunal Forms.
3On March 19, 2012, by email, the Registrar advised the parties that the time for filing a Response was extended to March 30, 2012.
4The applicant objects to the extension of time. The objection is dated March 14, 2012, but did not come to the Tribunal’s attention until after March 19, 2012.
ANALYSIS
5The Tribunal’s Rule 1.7 states:
In order to provide for a fair, just and expeditious resolution of any matter before it the Tribunal may:
a) Lengthen or shorten any time in these Rules.
6In the circumstances, the respondents’ request for extension is appropriate, particularly where the Tribunal’s website was inaccessible between March 13-14, 2012. I also note that the applicant has not suggested that this brief delay will cause her any prejudice.
ORDER
7The respondents must file their Response (Form 2) within 14 days from the date of this Interim Decision. Form 2 is available on the Tribunal website: http://www.hrto.ca/hrto/?q=en/node/32.
8I am not seized of this matter.
Dated at Toronto this 26th day of March, 2012.
”signed by”____________
Alan G. Smith
Member