Human Rights Tribunal of Ontario
BETWEEN:
Marie Mathurin Applicant
-and-
Legal Aid Ontario, Linda Hall and Sean Noble Respondents
INTERIM DECISION
Adjudicator: Faisal Bhabha Date: December 31, 2010 Citation: 2010 HRTO 2547 Indexed as: Mathurin v. Legal Aid Ontario
1This is an Application filed on January 15, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).
2The Tribunal has scheduled a Summary Hearing in this matter, to be held by conference call on January 24, 2011. The Case Assessment Direction directing the Summary Hearing was issued on October 12, 2010 and the Notice of Summary Hearing setting the date was sent to the parties on November 15, 2010.
3By letters dated November 16, 2010 and November 23, 2010, the applicant requested that the summary hearing be postponed to the “end of May beginning of June”. She cited disability-related reasons, and included letters from two doctors supporting her request.
4The respondents have not taken a position with respect to the applicant’s request.
5The Notice of Summary Hearing advises parties that requests for adjournments will be dealt with in accordance with the Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments. The Notice advised that if a party is unavailable on the date scheduled, they must contact the Tribunal within 10 days of the Notice providing 5 alternative dates which fall within 12 weeks of the originally scheduled hearing date.
6As the applicant made her request to re-schedule in a timely manner in accordance with the Practice Direction, the Tribunal would have adjourned the hearing scheduled for January 24, 2011, provided that it could be rescheduled within 12 weeks after that. Her adjournment request effectively postpones the hearing for a further six to ten weeks beyond that 12-week period.
7Given the fact that the applicant’s request is based on disability-related grounds, is supported by medical professionals, and is not opposed by the respondents, the Tribunal will allow the request to postpone the hearing. The Tribunal therefore directs the applicant and the respondents to provide in writing, within two weeks of this Interim Decision, five alternative dates in June 2011 on which they will be available for the Summary Hearing in this matter.
8I am not seized of this matter.
Dated at Toronto, this 31st day of December, 2010.
”signed by”______________
Faisal Bhabha Vice-chair