Polan v. Nuthakki, 2014 HRTO 1634

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jodi Belinda Polan Applicant

-and-

Dasaradha Ram Nuthakki, Indira Rani Nuthakki, Kateswararao Rao Polavarapu, Viswa Priya Polavarapu and Thabeshan Karunamoorthy Respondents

A N D B E T W E E N:

Robert Earl Silver Applicant

-and-

Dasaradha Ram Nuthakki, Indira Rani Nuthakki, Kateswararao Rao Polavarapu, Viswa Priya Polavarapu and Thabeshan Karunamoorthy Respondents

INTERIM DECISION

Adjudicator: Mary Truemner Date: November 7, 2014 Citation: 2014 HRTO 1634 Indexed as: Polan v. Nuthakki

WRITTEN SUBMISSIONS

Jodi Belinda Polan and Robert Earl Silver, Applicants Self-represented

Dasaradha Ram Nuthakki, Indira Rani Nuthakki, Kateswararao Rao Polavarapu, Viswa Priya Polavarapu and Thabeshan Karunamoorthy, Respondents Self-represented

Introduction

1These Applications allege discrimination with respect to housing because of receipt of social assistance and association contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). A hearing date of November 7, 2014 has been set.

request to adjourn

2The applicant, Ms. Polan, filed on November 5, 2014, a request to adjourn through Mr. Silver, the other applicant. He states that she had a medical emergency that required her to stay in the hospital until November 4, 2014, and she was advised to avoid stress for several days. The medical document supporting the request confirms her stay at the hospital, but it does not confirm why she is unable to participate on the date scheduled.

3The respondents oppose the request on the basis that two of the personal respondents will be out of the country for the next three months. The respondents do not appear to oppose an adjournment to a date in 2015 when they will be back in Canada.

4According to the Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments, requests to reschedule must be made within 14 days of receiving the Notice of Confirmation of Hearing. Outside this 14-day period, the Tribunal will only grant adjournments in extraordinary circumstances such as illness of a party, witness or representative.

5The applicant’s request for an adjournment is allowed given that it is supported by medical documentation, and given that, at this late date, Ms. Polan, who is unrepresented and no longer at the hospital, is unlikely to obtain and file by tomorrow further medical documentation to explain why her present medical condiction prohibits her from attending in two days.

order

6The applicant’s adjournment request is allowed.

directions

7The Tribunal will canvass the respondents for dates when they are available in 2015, and reschedule the hearing. Any future request by Ms. Polan for any further adjournment will need to be accompanied by medical documentation which explains why any future medical condition would prohibit her from participating on the specific day that will be scheduled.