Taite v. Carleton Condominium Corporation No. 91, 2012 HRTO 1883

Human Rights Tribunal of Ontario

B E T W E E N:

John Taite Applicant

-and-

Carleton Condominium Corporation No. 91 and Professional Property Management Respondents

INTERIM DECISION

Adjudicator: Michelle Flaherty
Date: October 4, 2012 Citation: 2012 HRTO 1883 Indexed as: Taite v. Carleton Condominium Corporation No. 91

WRITTEN SUBMISSIONS

John Taite, Applicant Self-represented

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The Tribunal has conducted two days of hearing. A third day of hearing was scheduled for today, October 4, 2012.

2Late in the day on October 3, 2012, the applicant wrote to the Tribunal requesting an adjournment of the October 4 hearing date for medical reasons. Along with his request, the applicant filed a medical note from his treating physician.

3The Tribunal delivered a copy of the applicant's request for an adjournment and the supporting medical documents to counsel for the respondent.

4The Tribunal's Practice Direction on Scheduling of Hearings and Mediations encourages parties who wish to reschedule a hearing to make this request within 14 days of being advised of the date of the hearing. The Direction further provides:

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.

5I am satisfied that there are exceptional circumstances in this matter that warrant an adjournment. The applicant's request for an adjournment is therefore granted and the hearing will not proceed on October 4, 2012.

6The applicant writes that he cannot anticipate when his health will permit him to resume the hearing process. The medical note he provides in support of his request for adjournment does not provide any information in this regard. However, the applicant states that his physician will contact the Tribunal to advise when the matter can proceed.

DIRECTION

7The October 4, 2012 hearing date is adjourned.

8Within eight weeks of the date of this Interim Decision, the applicant must deliver to the respondents and file with the Tribunal further medical information from his physician indicating:

a. whether the applicant is medically able to proceed with the hearing; and

b. if not, when the applicant is expected to be in a position to proceed.