Margaret Way v. Coalition Against Psychiatric Assault, 2011 HRTO 1168

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Margaret Way Applicant

-and-

Coalition Against Psychiatric Assault Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee Date: June 15, 2011 Citation: 2011 HRTO 1168 Indexed as: Way v. Coalition Against Psychiatric Assault

WRITTEN SUBMISSIONS BY

Margaret Way, Applicant ) Self-represented

1The purpose of this Interim Decision is to address the applicant’s request for an adjournment of the summary hearing scheduled for June 16, 2011.

2On April 12, 2011, the Tribunal issued a Notice of Summary Hearing to the parties, which informed them that the hearing is scheduled for June 16, 2011. The Notice also informed them that requests for adjournments will be dealt with in accordance with the Tribunal’s Practice Direction: Scheduling of Hearings and Mediations, Rescheduling Requests, and Request for Adjournments. The Practice direction provides that requests to reschedule a hearing must be made within ten days of receiving the Notice, and requests for adjournments thereafter will only be granted in extraordinary circumstances, such as the illness of a party, witness or representative.

3The applicant filed a letter with the Tribunal on June 9, 2011, which requested an adjournment of the hearing until she has an opportunity to discuss her case with the Human Rights Legal Support Centre (“HRLSC”). She stated that she has an appointment with the HRLSC on June 29, 2011.

4She stated that she was unable to schedule an earlier appointment with the HRLSC because of a personal illness. Specifically, she stated that she fell and hit her head on May 12, 2011, and that the injuries were compounded when was climbing stairs at school. In support of her request, she attached a hospital emergency services report, which indicates that on May 12, she had a soft tissue and minor head injury. The report instructed her to take Tylenol and see her family physician

5The applicant’s request is denied. She has had over two months to prepare for the hearing, including consulting with legal counsel, and the medical documentation that she filed does not indicate that her injury impairs her ability to prepare for and participate in the hearing. As such, the reasons that the applicant provided for requesting an adjournment are not “extraordinary” circumstances which justify delaying the hearing.

6If the applicant does not call into the teleconference hearing on June 16, 2011, the Tribunal may dismiss her Application as abandoned.