Chmurzewski v. Natural Touch Rehabilitation Center, 2013 HRTO 394

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Anna Agnieszka Chmurzewski Applicant

-and-

Natural Touch Rehabilitation Center Respondent

INTERIM DECISION

Adjudicator: Maureen Doyle Date: March 8, 2013 Citation: 2013 HRTO 394 Indexed as: Chmurzewski v. Natural Touch Rehabilitation Center

WRITTEN SUBMISSIONS

Anna Agnieszka Chmurzewski, Applicant Self-represented

Natural Touch Rehabilitation Center, Respondent Allan Freedman, Counsel

1This Interim Decision addresses the applicant’s request for an adjournment of the hearing dates scheduled for March 14 and 15, 2013.

2I note that this Application is the subject of a previous Interim Decision, Chmurzewski v. Natural Touch Rehabilitation Center, 2013 HRTO 269, issued on February 14, 2013, addressing the respondent’s request for an adjournment of this matter where counsel for the respondent indicated he had another commitment on the dates scheduled for hearing. It also noted that the applicant opposed the request to adjourn. That Interim Decision found that there were no exceptional circumstances warranting adjournment and dismissed the request to adjourn.

3The applicant has now requested an adjournment of the hearing dates due to the recent death of her father.

4The Tribunal has received an email, copied to the applicant, from an articling student at the respondent’s counsel’s office, indicating “We would like to indicate that we are not in agreement to the adjournment having regard to our previous request and denial”.

5The Practice Direction on requests to adjourn or reschedule reads in part, that “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”.

6I am satisfied that the death of the applicant’s father is an exceptional circumstance justifying granting an adjournment. The hearing dates are cancelled and the Registrar’s office will contact the parties with a view to setting alternative dates for the hearing of this matter.

7I am not seized.