Christopher J. Hunter

The applicant requested an adjournment of the merits hearing due to a medical condition.

The applicant provided a medical consultation note indicating an inability to properly prepare for or participate in the hearing.

The respondent consented to the adjournment.

The Tribunal found that the applicant's health constituted an exceptional circumstance warranting an adjournment under its Practice Direction.

The hearing was adjourned, and the applicant was ordered to provide further medical reports regarding his ability to participate in a rescheduled hearing.

The applicant brought a motion to set aside an order quashing his application for judicial review of an arbitrator's decision upholding his termination.

The applicant argued he was denied procedural fairness because his union failed to provide a Somali interpreter at the arbitration hearing, which he claimed fell under the deficient representation exception to the rule against individual standing.

The Divisional Court dismissed the motion, finding no error in the motion judge's conclusion that the evidence did not support the need for an interpreter and noting the applicant's proper remedy was before the Ontario Labour Relations Board.