Aaron Morrell v. 2156775 Ontario Inc. o/a D’Angelo Brands and Frank D’Angelo, 2014 HRTO 777

Human Rights Tribunal of Ontario

B E T W E E N:

Aaron Morrell Applicant

-and-

2156775 Ontario Inc. o/a D’Angelo Brands and Frank D’Angelo Respondents

INTERIM DECISION

Adjudicator: David Muir Date: June 2, 2014 Citation: 2014 HRTO 777 Indexed As: Morrell v. 2156775 Ontario Inc.

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 employment because of race, colour, ancestry, ethnic origin, disability and sexual orientation.

2After consultation with the parties the Tribunal issued a Notice of Hearing on November 22, 2013, setting dates for the hearing of this case on July 14, 15 and 16, 2014.

3On May 13, 2014, the respondents filed a Request for Order During Proceeding (“Request”) seeking amongst other things the adjournment of two of the three scheduled hearing dates because new counsel for the respondent is not available on those days.

4The adjournment request is denied and the hearing will proceed on the dates scheduled. When a party changes or retains counsel after hearing dates have been set in consultation with that party it is the Tribunal’s expectation that the party will retain representation that is available on the scheduled dates. See Taylor-Cole v. Orangeville Police Association, 2013 HRTO 489.

5The respondents also sought an extension of time to file their documents in accordance with Rules 16 and 17 of the Tribunal’s Rules. This aspect of the Request was predicated on the adjournment request being granted. The request to adjourn has been denied and it is not clear what relief might be required. As indicated these hearing dates were scheduled in November 2013 in consultation with the parties, accordingly the respondents have been aware of their obligations since that time. It is not clear why or to what extent relief from the time limits is required at this stage.

6The other matters raised in the Request will be dealt with by the Tribunal’s Registrar.

7I am not seized.