Human Rights Tribunal of Ontario
B E T W E E N:
Melissa Younano Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Finance Respondent
INTERIM DECISION
Adjudicator: David Muir Date: November 27, 2017 Citation: 2017 HRTO 1559 Indexed as: Younano v. Ontario (Finance)
WRITTEN SUBMISSIONS
Melissa Younano, Applicant Michael Anasakta, Counsel
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Finance, Respondent Pauline Kwan, Counsel
1The applicant has filed a Request for Order During Proceeding (“Request”) seeking an Order bifurcating the hearing to deal with what the applicant characterizes as a preliminary objection by the respondent. This case is currently scheduled for a two day hearing in May 2018.
2The respondent opposes the Request.
3The Request is denied.
4The applicant cites no particular reason for the Request. However I have reviewed the Response of the respondent and the Application. It is not clear how it would be more fair, just and expeditious to bifurcate this hearing. It appears to me that much of the evidence related to the merits of the case are also necessary to the various defences of the respondent including the argument that there was no service relationship between the applicant and the respondent at the material times.
5This determination does not limit the authority of the adjudicator assigned to the case from determining the manner in which the case is heard.
Dated at Toronto, this 27th day of November, 2017.
“Signed by”
David Muir Vice-chair