HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kimberly Smith
Applicant
-and-
Oxford Grill Inc.
Respondent
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Smith v. Oxford Grill Inc.
WRITTEN SUBMISSIONS
Kimberly Smith, Applicant
Jamie Lynne McGinnis, Counsel
Oxford Grill Inc., Respondent
David Dolson, Counsel
Introduction
1This is an Application filed 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, sexual solicitation and reprisal. On March 13, 2013 the Tribunal issued a Notice of Confirmation of Hearing for November 7 and 8, 2013.
request for adjournment
2On September 30, 2013 the respondent sent an email seeking an adjournment of the hearing because the respondent is not available on the second day of hearing, November 8, 2013.
3The applicant opposes the request.
analysis and decision
4The Notice of Confirmation of Hearing confirms that requests for adjournments will be dealt with in accordance with the Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments.
5The Practice Direction provides that requests for adjournments made outside the time for rescheduling requests will only be granted in extraordinary circumstances. The onus of establishing that extraordinary circumstances exist rests on the party seeking the adjournment.
6The respondent gives no reason for his unavailability on November 8, 2013. In the circumstances I can find no extraordinary circumstances warranting an adjournment of the hearing.
order
7The respondent’s request to adjourn is denied and the hearing will proceed on the dates scheduled.
Dated at Toronto, this 2nd day of October, 2013.
“signed by”
Dawn J. Kershaw
Vice-chair