Basic v. Royal Health Care Centre, 2011 HRTO 228

Human Rights Tribunal of Ontario

B E T W E E N:

Zvonimir Basic

Applicant

-and-

Royal Health Care Centre and Andy Gidwani

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: February 1, 2011

Citation: 2011 HRTO 228

Indexed as: Basic v. Royal Health Care Centre

1This is an Application filed on August 31, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code").

2By email correspondence dated January 29, 2011, the applicant has asked that the hearing in this matter scheduled for February 17, 2011 be adjourned. He indicates "I am unfortunately not available on set date". He also states that he is currently on "Emergency Medical leave due to accident that happened on Thursday" that may affect his ability to respond promptly to emails, but he does not state that this medical circumstance is the reason for the requested adjournment nor give any other information about his medical leave.

3The applicant is referred to the Tribunal's Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments.

4The Notice of Summary Hearing in this matter is dated January 13, 2011. The Notice states that a party that is unavailable on the date set for hearing must contact the Tribunal within 10 days. Since then, the Tribunal has amended its Practice Direction to allow requests to be made within 14 days of the Notice. Since this request was sent more than 14 days after the date of the Notice, under the Practice Direction the applicant must establish that there are exceptional circumstances that justify adjournment of the hearing.

5As there is no information about the reason for the requested adjournment other than that the applicant is unavailable, the Request is denied. If the applicant wishes to request an adjournment based on exceptional circumstances he may renew his request with the proper supporting information. He is also directed to the requirement to contact the other parties to seek consent.

6I am not seized of this matter.