HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Pooneh Piri
Applicant
-and-
Nestle Waters Canada
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Piri v. Nestle Waters Canada
WRITTEN SUBMISSIONS
Pooneh Piri, Applicant
Self-represented
Nestle Waters Canada, Respondent
Andrea York, Counsel
1This is an Application filed on November 30, 2012 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of sex.
2On July 22, 2013, the Tribunal issued to the parties a Notice of Hearing scheduling the matter in Toronto on February 13 and 14, 2014.
3On September 11, 2013, the Tribunal received an email from the applicant requesting to reschedule the hearing because her husband has been transferred to England for a 9 month project. The applicant advises that this project will be completed by May 2014. The applicant attached to her email a letter from her husband’s employer confirming the transfer.
4On September 18, 2013, the respondent advised that it opposes the applicant’s request to reschedule the hearing on the basis that it was not requested within the required 14 days, that the delay is unreasonable and that the applicant has demonstrated that she has difficulty complying with time limits.
5I have considered the request and I find that it is appropriate to reschedule the hearing. Though the request to reschedule the hearing was made after the two week deadline, I find that the applicant was only advised that her husband was being transferred outside of the country in September. Further, the request to reschedule was made more than five months in advance of the scheduled hearing. I have also considered that there is no suggestion that the respondent is prejudiced by the request to reschedule.
6However, the fact that the applicant is out of the country does not relieve her of her obligation to comply with the Rules including the requirement that she, in a timely manner, deliver to the respondent and file with the Tribunal her witness list, summary of their anticipated evidence and the documents that she intends to rely on at the hearing. Further, the applicant must ensure that she provides the respondent and the Tribunal with her new contact information.
Order
7The Tribunal orders:
a. The hearing scheduled for February 13 and 14, 2014 is cancelled; and
b. The Registrar shall contact the parties to reschedule the hearing to a mutually agreeable date which is after June 15, 2014.
Dated at Toronto, this 2nd day of October, 2013.
“signed by”
Geneviève Debané
Vice-chair