Glenn K.L. Chu

The applicant requested an adjournment of the scheduled hearing dates shortly before the hearing, citing late retention of counsel, inability to retrieve documents, and exceptional circumstances related to disability and housing.

The respondent consented on the condition that the new dates be peremptory.

The Tribunal found that the applicant's situation presented exceptional circumstances justifying the adjournment under its Practice Direction, and granted the request without making the new dates peremptory.

The respondents requested that the human rights application alleging racial discrimination and reprisal by police officers be dismissed under s. 45.1 of the Human Rights Code, arguing that the substance of the application was appropriately dealt with by the applicant's complaint under the Police Services Act (PSA).

The Tribunal applied its previous reasoning in Claybourn, finding that it is not in accordance with the reasonable expectations of the parties to apply s. 45.1 to dismiss an application on the basis that the same underlying allegations of misconduct have been addressed as a result of a complaint filed under the PSA.

The respondents' request to dismiss the application was denied, and the application was allowed to proceed.

The respondents requested that the Tribunal defer consideration of their preliminary request to dismiss the application under s. 45.1 of the Human Rights Code, pending the outcome of a judicial review in a separate but related matter (De Lottinville).

The applicant opposed the deferral, arguing it would cause unfair delay.

The Tribunal denied the deferral request, finding that the parties are entitled to timely resolution of complaints and that waiting for a speculative outcome in a judicial review involving different parties was not appropriate.