Human Rights Tribunal of Ontario
Between:
Victor Kaushal Applicant
-and-
Intuit Canada ULC Respondent
Interim Decision
Adjudicator: Geneviève Debané Date: February 4, 2016 Citation: 2016 HRTO 167 Indexed as: Kaushal v. Intuit Canada ULC
1This Interim Decision is to address the applicant’s Request to amend the Application and the respondent’s Request to reschedule the hearing.
Request to amend
2On December 2, 2015, the applicant filed a Request to amend the Application. On December 3, 2015, the respondent filed a Form 11 in which it consents to the amendment of the Application. As such the Tribunal finds that it is appropriate to grant the amendment sought and will provide the respondent with the opportunity to file an amended Response, if it wishes.
Request to reschedule the Hearing
3The Tribunal issued a Notice of Hearing on December 23, 2015 directing that a hearing would be held on May 24 and 25, 2016. On January 26, 2016, the respondent requested that the Tribunal reschedule this date. The applicant objects on the basis that “there is prejudice, in that every delay magnifies the stress caused by this process” noting also that the request to reschedule is two weeks late.
4In my view it is appropriate to grant the Request to reschedule the hearing despite it being made after the 14 day period provided for in the Tribunal’s Practice Direction on Rescheduling.
5First, I note that the Notice of Hearing was sent during the holiday period. Secondly, the pleadings in this matter have yet to close because of the applicant’s Request to amend (which I note, the respondent immediately consented to) There is no reason to believe that the respondent is seeking to delay this matter. Thirdly the respondent has proposed availability a week after the scheduled hearing date, though unfortunately the applicant is not available on those dates. In these circumstances, the Tribunal will reschedule the hearing to July 11 and 12, 2016, which are the next mutually available hearing dates.
Order
6The Tribunal orders:
a. The applicant’s Request to amend the Application is granted;
b. The respondent may, if it wishes deliver and file an amended Response within 21 days of the date of this Interim Decision;
c. The applicant may, if he wishes, file a Reply within 14 days of the receipt of an amended Response;
d. The Tribunal shall send a Notice to the parties rescheduling the hearing to July 11 and 12, 2016.
Dated at Toronto, this 4th day of February, 2016.
"signed by"
Geneviève Debané Vice-chair