Human Rights Tribunal of Ontario
B E T W E E N:
Najibeh Nabizadeh Applicant
-and-
Pharma Plus Drugmarts Ltd. Respondent
INTERIM DECISION
Adjudicator: Keith Brennenstuhl Date: January 28, 2011 Citation: 2011 HRTO 205 Indexed as: Nabizadeh v. Pharma Plus Drugmarts
1This is an Application filed on August 20, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H. 19 as amended.
2The hearing is scheduled for two days commencing March 2, 2011. On January 13, 2011, an associate of the respondent’s counsel wrote to the Tribunal, copied to the applicant, requesting an adjournment. Respondent’s counsel has been diagnosed with a critical illness and is likely to remain hospitalized for the foreseeable future. No one else in respondent’s counsel’s firm is available on the dates scheduled for the hearing. The applicant has not communicated with the Tribunal with respect to the requested adjournment.
3Adjournment requests are not granted automatically and will only be allowed in extraordinary circumstances. The respondent’s request cites critical illness and prolonged hospitalization of its counsel as the reason. This is an extraordinary circumstance that warrants an adjournment. There is no reason to believe that the illness is fabricated and I therefore see no reason to compel the production of medical documentation at this time.
4The Registrar shall re-schedule the hearing for as soon as possible. Any additional requests by the respondent for an adjournment must be supported by appropriate documentation.
Dated at Toronto, this 28th day of January, 2011.
”signed by”__________
Keith Brennenstuhl Vice-chair