Tawnya-Rose MacDonald v. Marvel Beauty Schools – London Campus, 2017 HRTO 1446

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tawnya-Rose MacDonald Applicant

-and-

Marvel Beauty Schools – London Campus Respondent

INTERIM DECISION

Adjudicator: Keith Brennenstuhl Date: November 2, 2017 Citation: 2017 HRTO 1446 Indexed as: MacDonald v. Marvel Beauty Schools

APPEARANCES

Tawnya-Rose Macdonald, Applicant Beth Walden, Counsel

Marvel Beauty Schools – London Campus, Respondent Stephen Bernofsky, Counsel

1This Application alleges discrimination with respect to services because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2The purpose of this Interim Decision is to address the applicant’s Request for an Order During Proceedings, dated May 4, 2017, requesting that the Tribunal order that the hearing proceedings be closed and the parties provide written closing submissions.

3Having considered the parties written submissions and their oral submissions delivered at the August 8, 2017 conference call, I have determined that rather than bringing this matter to a conclusion without the Respondent having an opportunity to deliver, what I have concluded is critical evidence, with respect to Michelle Round’s interaction with the Applicant, the Respondent shall be allowed to recall Courtney Muir, who previously gave testimony, but not on the specifics of what Ms. Round would testify to, and have the hearing continue on that basis. In my view there is no prejudice to the applicant and this will ensure a fair hearing.

4Accordingly, the hearing will resume on this basis. The Registrar will schedule a one day continuation of the hearing, to be held in Toronto. The parties will receive a notice of the continuation, setting out the time, date and location of the continuation. It would be preferable that the continuation take place in November, 2017.