Hamza Ali v. Alpha Polybag Corp., 2011 HRTO 1672

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hamza Ali

Applicant

-and-

Alpha Polybag Corp.

Respondent

INTERIM decision

Adjudicator: Douglas Sanderson

Date: September 9, 2011

Citation: 2011 HRTO 1672

Indexed as: Ali v. Alpha Polybag Corp

wRITTEN SUBMISSIONS

Hamza Ali, Applicant ) Paul D. Koven, Counsel

1This Interim Decision addresses a Request by the applicant made September 7, 2011 to adjourn the Summary Hearing scheduled for September 12, 2011. The respondent does not oppose the Request to adjourn.

2Applicant’s counsel explained that the applicant retained their firm to represent him on September 7, 2011. After reviewing the file they realized that the applicant inadvertently failed to submit a number of medical documents which they submit are directly relevant to the issue to be determined at the summary hearing. Consequently, the applicant seeks a brief adjournment to obtain the medical documentation in questions and produce it to the respondent and the Tribunal.

3The Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests and Requests for Adjournments provides that requests to reschedule must be made within 14 days of receiving the Confirmation of Hearing and that outside that time adjournments will be granted only in extraordinary circumstances.

4In these circumstances I am satisfied that the request for a brief adjournment is justified. The issue to be determined at the Summary Hearing is whether the Application is barred because of a release the applicant executed in favour of the respondent. In my view, proceeding with the hearing without information that may be relevant to the validity of the release would be inappropriate. The hearing scheduled for September 12, 2011 is therefore adjourned. The parties are directed to provide their available dates for a hearing in the next twelve weeks to the Registrar within 10 days of the date of this Interim Decision.