Badawi v. York Condominium Corporation No. 90, 2012 HRTO 1225

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alaa Farouk Badawi.

Applicant

-and-

York Condominium Corporation No. 90, Mark Marshall, Sam Metalin, Eddie Sokoloff, Sheila Buglass, Arlene Taylor and Jennifer Fletcher

Respondents

INTERIM Decision

Adjudicator: Caroline Rowan

Date: June 21, 2012

Citation: 2012 HRTO 1225

Indexed as: Badawi v. York Condominium Corporation No. 90

1The hearing in this matter is scheduled to proceed tomorrow, June 22, 2012, at 9:30 a.m.

2On June 19, 2012, counsel for the respondents in this matter wrote to the Tribunal to request an adjournment of the hearing. Counsel noted that the reason for the request was that he had developed an illness on June 15, 2012 and has since then been advised by his doctor to stay at home for a period of time. I accept this and that the medical issue is of a significant nature. In the circumstances, counsel suggests that he is unlikely to be well enough to attend the hearing and, in any event, will not have had an opportunity to prepare for it with his clients in advance of the hearing. In response to the request, the applicant notes that he cannot reschedule the hearing, but that, under this excuse, it does not appear that he has an option.

3The Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments states:

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. Absent exceptional circumstances, the HRTO will not grant adjournments, even when all parties consent.

Where a party seeks to adjourn a previously scheduled mediation or hearing, they must contact the Registrar as soon as the need arises. They must contact the other parties to seek their consent, and to discuss alternative dates for the rescheduling of the mediation or hearing.

The party making the request should contact the Registrar and provide the exceptional circumstances supporting the request and any alternative agreed upon dates. Where the request is on short notice, the party must contact the Registrar by email or fax.

4In my view, the present circumstances involving the unexpected illness of the respondents’ counsel are the kind of exceptional circumstances that justify an adjournment of the hearing. The hearing scheduled for tomorrow is therefore adjourned. The Tribunal will be in contact with the parties to schedule another date for the hearing.

5I am not seized.