Brigid Browne v. Toronto Transit Commission, 2014 HRTO 1593

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brigid Browne Applicant

-and-

Toronto Transit Commission Respondent

INTERIM DECISION

Adjudicator: Maureen Doyle Date: October 29, 2014 Citation: 2014 HRTO 1593 Indexed as: Browne v. Toronto Transit Commission

WRITTEN SUBMISSIONS

Brigid Browne, Applicant Self-represented

Toronto Transit Commission, Respondent Marni Tolensky, Counsel

1These Applications are scheduled to be heard in Toronto on October 30 and 31, 2014.

2The Tribunal is in receipt of an email from counsel for the respondent, copied to the applicant, in which she advises that a current family medical situation may prevent her attendance at the scheduled hearing dates. She makes several suggestions with respect to how to minimize the disruption to the process in this matter in the event that she is in fact unable to attend at the scheduled hearing dates.

3The Tribunal has received the applicant’s response to the email, in which she states that she wants the matter to proceed as scheduled on October 30 and 31, 2014. She suggests that another lawyer from the respondent could represent the respondent at the hearing.

4The respondent is not required to change its counsel for the hearing, especially at this late stage of the proceedings.

5Adjournments are normally reserved for exceptional circumstances. I am satisfied that the family medical circumstances described by the respondent are exceptional circumstances. I am prepared to grant an adjournment of these hearing dates, if necessary.

6As noted above, however, the respondent’s counsel has indicated several ways to minimize disruption to this process, including keeping the Tribunal and the applicant apprised of her circumstances and ability to attend at the hearing, and if she is unable to attend at the hearing, the possibility of convening a teleconference on October 30, 2014 to deal with preliminary matters. She has also indicated the respondent’s ability and willingness to participate in mediation/adjudication if she is unable to attend the hearing dates, as another lawyer from the respondent could assist in this matter in that capacity.

7In the circumstances described above, the Tribunal orders as follows:

1. Counsel for the respondent will advise the Tribunal and the applicant by 4 pm today whether she will be able to attend the scheduled hearing or whether she seeks an adjournment;

2. If counsel for the respondent seeks an adjournment due to the medical circumstances she has described, an adjournment will be granted and the Registrar will schedule a teleconference for October 30, 2014, in order to address preliminary issues and in order to determine how this matter will continue in the Tribunal’s process.