Rajhoo Makhi v. Ontario Human Rights Commission, 2009 HRTO 1968

Human Rights Tribunal of Ontario

B E T W E E N:

Rajhoo Makhi

Applicant

-and-

Ontario Human Rights Commission

Respondent

INTERIM DECISION

Adjudicator: David Shannon

Date: November 19, 2009

Citation: 2009 HRTO 1968

Indexed as: Makhi v. Ontario Human Rights Commission

1A Case Resolution Conference (“hearing”) in this matter was scheduled for October 27, 2009. The hearing was scheduled by Notice from the Tribunal dated September 10, 2009, after consultation with the parties. This Interim Decision addresses an adjournment request and provides directions for the format in which documents will be provided to the applicant.

2At the outset of the hearing, the applicant indicated that he did not have most of the respondent’s materials because they had been sent in electronic format. The applicant advised the Tribunal that he has a disability which makes it difficult to read and retain documents conveyed in an electronic format.

3In submissions on the Request the applicant agreed he not identified a need for accommodation on his Application. Nor is there any indication in the file that he has contacted the Tribunal’s Registrar-Transition to request accommodation pursuant to the Tribunal’s Policy on Accessibility and Accommodation. However, on October 20, a week before the hearing, he wrote the Registrar-Transition and counsel for the respondent advising them as follows:

I have requested that documents be mailed to me, however, in blatant disregard I continue to receive e-attachments. Please note that i suffer from eye problems and mental illness, and forcing me to repeat myself, as well as subjecting me to long delays is seriously aggravating my disabilities.

In an email dated October 22, 2009, to respondent counsel he provided more specific information as follows:

I am not able to open email attachments nor able to read much on my computer screen. I have noted that you have emailed me some attachments in another email. I am not able to open the attachments. Please arrange to mail them to me in accordance with my documented request.

4While counsel for the respondent noted that service of materials by electronic format is acceptable under the Rules of Procedure of this Tribunal, in this case the applicant has indicated that he cannot effectively access and use materials provided in an electronic format and therefore was unable to properly prepare for the hearing. While it is most unfortunate he did not make his need for accommodation known to the Tribunal and the respondent when he filed his Application or prior to the time for exchange of documents between the parties, in the circumstances I am satisfied that adjourning the hearing is fair, just and expeditious.

5The Interim Decision will be sent to the applicant together with a copy of the Tribunal’s Policy on Accommodation and Accessibility in 14 point font by regular mail and courier. In the future the Tribunal and the respondents will provide all correspondence and disclosures to the applicant in hard copy. The applicant is to familiarize himself with the Tribunal`s Policy on Accommodation and Accessibility, and contact the Registrar-Transition if he seeks other accommodations for his disabilities.

6The Member hearing the Application will address the respondent’s production issues.