Gregory J. Power

The respondents requested an adjournment of the scheduled hearing because a key witness was unavailable due to a religious pilgrimage, and also requested the removal of the personal respondent.

The Tribunal denied the adjournment, ordering the hearing to proceed as scheduled with the option to hear the unavailable witness at a later date if necessary.

The Tribunal also denied the request to remove the personal respondent, finding that his individual conduct was a central issue in the allegations of discrimination based on disability.

The applicant filed an application alleging discrimination in employment on the basis of disability.

The respondents requested that the application be dismissed, arguing that they are federally regulated and the Tribunal lacks jurisdiction.

The applicant requested that the matter be deferred pending resolution of a parallel proceeding under the Canadian Human Rights Act.

The Tribunal found that the jurisdictional issue was uncertain and that it would be most fair, just, and expeditious to defer the application rather than put the parties to further expense and delay.