Ivan De Luca v. McMaster University, 2016 HRTO 1467

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ivan De Luca

Applicant

-and-

McMaster University

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: November 15, 2016 Citation: 2016 HRTO 1467 Indexed as: De Luca v. McMaster University

WRITTEN SUBMISSIONS

Ivan De Luca, Applicant Self-represented

McMaster University, Respondent Christopher Burkett, Counsel

1The purpose of this Interim Decision is to deal with the respondent’s request to adjourn the hearing scheduled for November 17 and 18, 2016.

2On November 2, 2016, the Tribunal issued an Interim Decision, 2016 HRTO 1426, which denied the applicant’s request to adjourn the hearing.

3On November 3 and 7, 2016, the respondent sent the Tribunal letter, which requested that the hearing be adjourned because counsel had erroneously released the hearing dates in light of the applicant’s adjournment’s request, and counsel is now scheduled to be the primary caregiver for his 32-day old baby on those dates, and has been unable to secure alternative arrangements for the care of his baby.

4On November 3, 2016, the applicant sent the Tribunal a letter, which opposed the respondent’s adjournment request.

5Although it may appear to be unfair to deny the applicant’s adjournment request and then grant the respondent’s adjournment request, I cannot see how the hearing can proceed in compliance with the principles of natural justice and procedural fairness if the respondent has to participate without counsel because of an error made by counsel, who now has caregiving responsibilities for a recently born baby. Accordingly, the respondent’s request to adjourn the hearing scheduled for November 17 and 18, 2016 is granted.

6The Tribunal directs the parties to communicate with each other, and advise the Registrar by no later than two weeks from the date of this Interim Decision, as to their availability for a rescheduled hearing.