HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Diane Kathleen Preikschas-Brown
Applicant
-and-
Scully’s Crab Shack and Shawn Wheeler
Respondents
INTERIM DECISION
Adjudicator: David Muir
Indexed As: Preikschas-Brown v. Scully’s Crab Shack
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to goods, services and facilities because of disability. This Interim Decision deals with a request by counsel for the respondents regarding the location of the hearing of this case.
2The Tribunal, on the request of the applicant, scheduled this case for hearing in Waterloo. It did so because of the applicant’s assertion that she is a person with a disability and requires the use of a scooter to get around. She lives in the Waterloo area and can arrange for public transit which can transport her and her scooter in the local area.
3The respondents have requested that the hearing be scheduled in Midland. The reason offered for this request is that the site could be viewed in the course of the hearing.
4I am not satisfied that it would be fair, just, and expeditious to schedule the hearing of this case in Midland as requested by the respondent. The hearing would normally have been scheduled in Toronto but has been moved to the Kitchener/Waterloo area because of the applicant’s Code-related needs, which were not challenged by the respondents. In my view the respondents have articulated insufficient reason for the request.
5I am not seized.
Dated at Toronto, this 26th day of February, 2013.
“Signed by”
David Muir Vice-chair