Poelstra v. Inscan Contractors (Ontario) Inc., 2011 HRTO 1502

Human Rights Tribunal of Ontario

B E T W E E N:

Karen Poelstra Applicant

-and-

Inscan Contractors (Ontario) Inc. and Thomas Kelly Respondents

INTERIM DECISION

Adjudicator: Mary Truemner Date: August 11, 2011 Citation: 2011 HRTO 1502 Indexed as: Poelstra v. Inscan Contractors (Ontario) Inc.

1This Interim Decision deals with Request of the applicant that the hearing scheduled for August 15 - 17, 2011 be adjourned.

2In his letter of August 9, 2011 which requests the adjournment, counsel for the applicant has advised the Tribunal that he had just finished meeting with his client and that the applicant is not capable of participating in the upcoming hearing because her medications have left her in a condition wherein she cannot focus or concentrate, and he is unable to prepare her for the hearing. He notes that her ability to express herself and to communicate has changed significantly since when he had met with her a number of months ago. He advised that the applicant’s pain clinic at the hospital where her pain specialist works is closed until August 15, 2011, the day the hearing is scheduled to commence.

3On the following day, August 10, 2011, counsel for the applicant updated the Request to adjourn and advised the Tribunal that he has just had an opportunity to speak with the applicant’s pain specialist, a doctor who will try to arrange an appointment with the applicant when the clinic re-opens on August 15, 2011, and will assess whether adjustments should be made to the applicant’s medication. Counsel for the applicant advises that the doctor said it would be preferable to adjourn the hearing until she has an opportunity to assess the applicant.

4The respondent’s representative objects to the adjournment primarily on the basis that his clients shall incur “thrown away costs” if it is granted, but provides no explanation as to why any preparation for the hearing done now cannot serve as preparation for a hearing scheduled sometime in the future.

5The Tribunal’s Practice Direction respecting adjournment requests provides as follows:

The HRTO discourages requests for adjournments outside the 14-day period to request rescheduling of a mediation or hearing, described above. Requests for adjournments, particularly at the last minute, are a significant impediment to fair and timely access to justice. Therefore, the HRTO will only grant adjournments in extraordinary circumstances such as illness of a party, witness or representative.

6In the circumstances, the applicant’s Request to adjourn is granted, but the parties must be prepared to participate in a conference call on Wednesday, August 17, 2011 at 9:30 a.m., to which time the parties and their representatives have already committed given the scheduled hearing. At the conference call, the applicant and/or her counsel will be expected to update the Tribunal and the respondents with medical information. The parties may also wish to discuss attempting mediation-adjudication pursuant to Rule 15A of the Tribunal’s Rules of Procedure. The Tribunal will notify the parties’ representatives immediately with respect to connecting to the conference call now scheduled for August 17, 2011.

7I remain seized.