Human Rights Tribunal of Ontario
B E T W E E N:
Henry Omozuwa
Applicant
-and-
Children’s Aid Society of Toronto
Respondents
INTERIM DECISION
Adjudicator: David Muir
Indexed as: Omozuwa v. Children’s Aid Society of Toronto
1In a Case Assessment Direction issued on December 24, 2012, the Tribunal directed that a summary hearing be held to determine whether this Application should be dismissed, in whole or in part, on the basis that there is no reasonable prospect that it can succeed.
2The Notice of Confirmation of Summary Hearing issued on January 14, 2013 notified that parties that the hearing would take place by telephone conference call on March 19, 2013.
3On Friday March 15, the applicant requested an adjournment of the hearing. The request is set out here:
This is to inform you that I have a medical emergency that I must attend to on March 18th, 2013. I'm hereby asking for a re-schedule of the Summary Hearing that was originally scheduled for March 19, 2012 (9:30 a.m. -12:30 p.m.). I'm asking for a re-schedule of this Hearing in three (3) months time to allow me time to recuperate and prepare for this Hearing.
4The respondent does not oppose the adjournment of the hearing but expresses concern about the lack of information provided by the applicant, in particular that there is no information provided that would support the an adjournment of three months.
5It is troubling that the applicant has chosen to provide so little information with respect to this last-minute adjournment request. However, in light of the respondent’s position and the timing of the request in relation to the claimed medical emergency the request of the applicant is granted in part – the hearing scheduled to take place on March 19 is adjourned. However, the applicant has provided no information that would support his request that the case be re-scheduled in three months. Accordingly, in order to ensure the fair, just and expeditious adjudication of this Application, the Tribunal makes the following Directions:
a. The applicant will deliver and file within 14 days of the date of this Interim Decision submissions in support of his request for a three month adjournment including general medical information in support of the request failing which the Application may be dismissed as abandoned.
b. The respondent will deliver and file their submissions in response, if any, within seven days of receiving the applicant’s materials.
6The Tribunal may determine this issue based on the materials filed.
7I am not seized.
Dated at Toronto, this 15^th^ day of March, 2013.
“Signed by”
David Muir
Vice-chair