HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Claudette Hutchinson
Applicant
-and-
International Ladies Garment Worker Union Co-op, Board of Directors and Community First Development Inc.
Respondents
INTERIM DECISION
Adjudicator: Mary Truemner
Indexed as: Hutchinson v. International Ladies Garment Worker Union Co-op
WRITTEN SUBMISSIONS
Claudette Hutchinson, Applicant
Self-represented
International Ladies Garment Worker Union Co-op, Board of Directors and Community First Development Inc.
Silas Polkinghorne, Counsel
Introduction
1This Application alleges reprisal and discrimination with respect to housing because of disability and creed contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision deals with the applicant’s request for an adjournment of the summary hearing scheduled for March 12, 2014 by way of teleconference hearing.
2The applicant’s request for an adjournment is made for medical reasons. She has provided medical documentation, dated February 13, 2014, which states that the applicant is unable to sit or stand for extended periods as a result of a motor vehicle accident on November 15, 2013 which continues to cause the applicant pain. The applicant states that she will not be able to participate meaningfully in the summary hearing as a result.
3The respondents oppose the request, urging that accommodations be provided, such as breaks, instead of an adjournment being granted.
DECISION
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. Absent exceptional circumstances, the Tribunal will not grant adjournments, even when all parties consent.
5The applicant’s request for an adjournment is allowed given that it is supported by medical documentation. The doctor expects that the applicant’s condition will improve over the next few months, and the Tribunal will schedule another summary hearing date in late June; however, should the applicant seek a further adjournment request, she must accompany any such request with medical documentation which explains why the applicant’s medical condition would prohibit her from participating in a half-day, summary hearing from home, while on the telephone, during which time she may alternate sitting, standing and even lying down. The medical documentation accompanying any further request for adjournment would also have to explain why regular breaks during that half-day telephone call would not accommodate the applicant’s condition.
ORDER
6The applicant’s adjournment request is allowed.
next steps
7The March 12, 2014 summary hearing date is cancelled and the Tribunal will schedule a new date in June, 2014.
Dated at Toronto, this 27th day of February, 2014.
“signed by”
Mary Truemner
Vice-chair