HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Lizhi Yu
Applicant
-and-
Karen Longhurst
Respondent
INTERIM decision
Adjudicator: Geneviève Debané
Indexed as: Yu v. Longhurst
INTRODUCTION
1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The applicant seeks the adjournment of the summary hearing scheduled for October 4, 2011. The adjournment request is denied.
BACKGROUND
2The Application was filed with the Tribunal on March 3, 2010.
3On May 12, 2011, the Tribunal issued a Case Assessment Direction granting the respondent's Request for a summary hearing. The in-person hearing scheduled for October 4 and 5, 2011, was cancelled, and converted to a half-day summary hearing by teleconference to be held on October 4, 2011.
4In an e-mail dated September 5, 2011, the applicant wrote to the Registrar requesting an adjournment of the October 4, 2011 summary hearing because he might be travelling to China.
5On September 6, 2011 the Tribunal issued an Interim Decision, 2011 HRTO 1650, denying the Applicant's Request for an adjournment.
6Later in the day on September 6, 2011, the applicant responded to the email forwarding the Interim Decision stating, "I didn't mention that I probably go to China during October, that was because I unfortunately I had another accident on May 2, 2011, I wasinjured by the accident, so I got grant a leave by the doctor for my hurt of accident." The applicant attached a Disability Certificate.
DECISION
7I have reviewed the Disability Certificate submitted by the applicant and it does not support the applicant's assertion that he is unable to participate in the scheduled conference call summary hearing on October 4, 2011. The date of the accident was May 2, 2011 and the doctor indicates that the maximum length of the applicant's medical restrictions is from nine to twelve weeks. If the applicant is planning to travel to China on October 4, 2011, then I see no reason why he is also not capable of participating at the scheduled hearing via telephone.
8The applicant has not demonstrated any exceptional reasons for the requested adjournment and, therefore, the Tribunal denies the adjournment Request. The applicant has ample time to ensure that the trip to China is not scheduled on October 4, 2011, and does not otherwise interfere with the scheduled hearing. In the event that the applicant does not participate in the conference call, the hearing may proceed in his absence and/or the Application may be dismissed as abandoned by the Tribunal.
9The parties are reminded that they must deliver to each other and file with the Tribunal copies of any further documents or cases they intend to rely upon no later than 14 days prior to the teleconference summary hearing.
10The applicant is also directed to copy the respondent's counsel on all correspondence sent to the Tribunal.
11I am not seized of this matter.
Dated at Toronto, this 14th day of September, 2011.
"signed by"_______
Geneviève Debané
Vice-chair