HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jemila Macanovic
Applicant
-and-
Toronto Police Services Board and Genevieve Anthony
Respondents
INTERIM DECISION
Adjudicator: Jennifer Scott
Indexed as: Macanovic v. Toronto Police Services Board
WRITTEN SUBMISSIONS
Jemila Macanovic, Applicant
Self-represented
Toronto Police Services Board, Respondent
David Gourlay, Counsel
Genevieve Anthony, Respondent
Self-represented
Introduction
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to services and housing because of disability, and reprisal. The Toronto Police Services Board (“TPSB”) and Genevieve Anthony (“Anthony”), the applicant’s former landlord, are the named respondents.
2A summary hearing has been scheduled for February 25, 2014. The issue on the summary hearing is whether the applicant’s complaint against the respondent Anthony has a reasonable prospect of success.
3On February 7, 2014, Anthony requested an adjournment of the February 25, 2014 hearing. She advised the Tribunal that her three-month old baby is in the hospital with a serious illness and will remain in the hospital for weeks to come. Anthony advised further that she is a single parent and cannot leave her son to prepare for and attend the summary hearing.
4The respondent Toronto Police Services Board consents to the adjournment. The applicant objects to the adjournment because she is not well and a further delay in scheduling the hearing will negatively impact her health.
decision
5The Tribunal’s practice is to grant adjournments only in exceptional circumstances. See Vallentyne v. Royal Canadian Legion, 2009 HRTO 660 at para. 4.
6The fact that Anthony cannot adequately prepare for and attend the summary hearing because of the health of her newborn, requiring him to be in the hospital for an extended period of time, constitutes an exceptional circumstance upon which to grant an adjournment.
7The Tribunal acknowledges the applicant’s concern that delaying the summary hearing will have an impact on her health. However, the summary hearing on February 25, 2014 involves only the respondent Anthony. Regardless of the outcome of the summary hearing, the matter will not be concluded.
ORDER
8Anthony’s request to adjourn the summary hearing on February 25, 2014 is granted. The Registrar will contact the parties to arrange a new hearing date.
9The due date to file additional submissions and cases for the summary hearing is extended to 14 days prior to the rescheduled Summary Hearing date.
Dated at Toronto, this 21st day of February, 2014.
“Signed by”
Jennifer Scott
Vice-chair