HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Randy King
Applicant
-and-
Toronto Public Library Board
Respondent
INTERIM DECISION
Adjudicator: Mark Hart
Indexed as: King v. Toronto Public Library Board
WRITTEN SUBMISSIONS
Randy King, Applicant
Self-represented
Toronto Public Library Board, Respondent
David Gourlay, Counsel
1This Interim Decision is written to address the applicant’s request for an adjournment of the hearing dates in this matter, which are currently scheduled for January 15 and 24 and February 21, 2013.
2On January 7, 2013, the applicant wrote to the Tribunal to request an adjournment of the hearing. He states that, over the holidays, both of his parents became quite ill and had to be hospitalized. He states that his father's condition is worse than his mother's, and his father may die soon. He states that his concerns over his parents have taken him away from preparing for the hearing, and also have affected his health. The applicant later clarified that he was seeking an adjournment of all three hearing dates, and requesting that the hearing be re-scheduled either to June or September 2013.
3The respondent replied by letter dated January 8, 2103, consenting to the adjournment of the first day of hearing on January 15, 2013, but objecting to the adjournment of the remaining two days. The respondent notes that the hearing in this matter already has been adjourned twice at the applicant’s request, the first time because he required surgery and the second time because he needed more time to prepare. The respondent consented to both of these prior adjournment requests. The respondent takes the position that the applicant has had ample time to prepare for the hearing. While the respondent sympathizes with the applicant’s situation, it notes that every time the hearing is adjourned, this causes great inconvenience to the respondent and its witnesses, several of whom are no longer employed by the respondent.
4Also on January 8, 2013, in further support of his adjournment request, the applicant submitted a letter from his doctor. This letter states that for valid reasons the applicant cannot be prepared to appear before the Tribunal on January 15, 2013. First, it is stated that both of the applicant’s parents are in hospital and his father in particular is quite ill. The letter states that the applicant has been spending a lot of time with his father, and in the event his father survives, will be responsible for finding a nursing home for his father. It is stated that this is an enormous source of stress for the applicant. Second, it is stated that the applicant was brutally beaten on March 19, 2011 and still suffers from the after effects. The letter states that recently the applicant has been twice aggressively accosted on the street, which has led to increased stress over fear that he will be beaten again. It is stated that the applicant’s fibromyalgia has been worsened by these two factors, which compromises his ability to prepare for the hearing.
5I share the respondent’s concerns that this matter already has been adjourned twice, and I appreciate the inconvenience that this causes for witnesses, who have re-scheduled their lives around being required to attend before this Tribunal. At the same time, I need to be sensitive to the extenuating circumstances currently being experienced by the applicant, who is dealing with two parents in hospital and a father who is seriously ill and may die soon. Not only is this a situation that would tax any person, I also have a letter from the applicant’s doctor stating that the enormous stress caused by this situation has worsened the applicant’s medical condition and compromised his ability to prepare for the hearing.
6The respondent quite reasonably has consented to the adjournment of the January 15, 2013 hearing date. I agree with the respondent that this means that we need to schedule an additional day in order to complete the hearing. The reality of my schedule is that I do not have a significant amount of available hearing time prior to May or June 2013 in any event. This means that, whether or not we proceed with the currently scheduled hearing dates, the hearing will not be completed in any event until May or June 2013. In these circumstances, and in consideration of the extenuating situation affecting the applicant and the impact on his health, it makes little sense to me from a practical perspective to proceed with the remaining two hearing dates, when this will not in fact expedite the completion of the hearing in this matter. Further, in my view, it would be preferable to find three consecutive hearing days for this matter, or at least three days that are in closer proximity to each other.
7For all of these reasons, the applicant’s request is granted and all currently scheduled hearing days are cancelled. I have availability to proceed with the hearing in this matter in the following weeks: May 13 to 17, June 3 to 7 or June 10 to 14, 2013.
8Within 7 calendar days of the date of this Interim Decision, the parties are to provide all of their availability for the proposed hearing dates.
Dated at Toronto, this 10th day of January, 2013.
’signed by”
Mark Hart
Vice-chair