CDNIS drags out Lalwani case; seeks transfer to Court of 1st Instance

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Round II of the Sanjay Lalwani case at the Labour Tribunal saw the school again ask for extended deadlines.


 

The Canadian International School is seeking to have its Labour Tribunal case transferred to the Court of First Instance. Mr Lalwani, the claimant in the case against the defending CDNIS, begs to differ. Ms. Eunice Tan, Director of Business Administration, represented the School.

Mr Kenneth Chan, presiding officer, considered the request to the School to transfer the case to Court of First Instance. Given that their 23 page submission, written in what the magistrate called ‘lawyer-style’, had only been provided to the defendant on the Friday past, he was inclined to remand the case to give Mr Lalwani time to respond.

Essentially, the School is seeking to have the case moved up to a higher level, and no doubt vastly more expensive, venue. They have filed a writ and case would likely be heard in August of 2016. Mr Lalwani would prefer to settle the case in the Labour Tribunal and will make the argument to keep the case at that level.

Mr Lalwani has applied for legal aid should the case be transferred. Applications for legal aid to take up to three months to determine if the applicant is eligible.

Finally, the judge gave Mr Lalwani two weeks to review the documents and suggested a court date of October 29th. However, as per standard operating history, the school representative asked for more time and November 2nd was determined to be the new date for consideration of the transfer request.

The judge asked the school about further submissions to head of further arguments being made that, given the need to allow Mr Lalwani to respond, that would drag out the whole process. He referred to their current submission as ‘comprehensive’ and expressed a desire to see a resolution of the transferral question so as not to conflict with other related court cases. If either case is unhappy with the November 2 decision, further appeals could drag out proceedings.

Other notes:

CDNIS’s representative sought to bring a visit from a police officer but was immediately headed off by the magistrate who was only interested in matters relevant to the issue at hand, namely the transferral of the case to the Court of First Instance. The move seemed to be more for the assembled reporters than as to having any relevance to the case.

CDNIS’s briefs were submitted by John Scott of Des Voeux Chambers.

The School will be back in Labour Tribunal on Monday on another related case. They currently have at least three cases underway in the Labour Tribunal.