Freitag v. Midland Service Ontario Centre, 2014 HRTO 566

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Henry Freitag Applicant

-and-

Midland Service Ontario Centre Respondent

Henry Freitag Applicant

-and-

HGR Graham Partners LLP Respondent

Henry Freitag Applicant

-and-

Corporation of the Municipality of Penetanguishene Respondent

Henry Freitag Applicant

-and-

Corporation of the Municipality of Midland Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: April 23, 2014 Citation: 2014 HRTO 566 Indexed as: Freitag v. Midland Service Ontario Centre

WRITTEN SUBMISSIONS

Henry Freitag, Applicant Self-represented

Midland Service Ontario Centre, Respondent Andrew Mae, Counsel

Corporation of the Municipality of Midland, Respondent Andrew Mae, Counsel

HGR Graham Partners LLP, Respondent Andrew Mae, Counsel

Corporation of the Municipality of Penetanguishene, Respondent Holly Bryce, Counsel

1This Case Assessment Direction addresses the applicant’s request that all of his outstanding Applications with the Tribunal be placed in abeyance (deferred) due to his illness.

2The applicant has four outstanding Applications filed with the Tribunal. In a CAD dated January 23, 2014, I directed the applicant to file medical documentation to support his deferral request. The applicant filed some medical documentation but failed to fully comply with the Tribunal’s direction. In particular, he did not provide an estimate of the period of time during which he is expected to be unable to pursue his applications.

3The respondents to Applications 2013-15035-I, 2013-15292-I and 2014-16441 agreed to a deferral for three months. The respondent to Application 2014-16434-I opposes the applicant’s deferral request.

4In light of the medical documentation filed by the applicant and the absence of any prejudice claimed by the respondents, I find that it is appropriate to order that the Application be deferred for three months from the date of this Interim Decision.

order

5For the reasons set out above, the Tribunal orders as follows:

a. The Application is deferred for three months from the date of this Interim Decision.

b. If the applicant is medically able to proceed with his Applications within the next three months, he must file a Request for Order During Proceedings (Form 10) to re-activate his Applications.

c. By July 23, 2014, the applicant must file a Request for Order During Proceedings (Form 10) in which he either requests that the Tribunal re-activate his Applications or requests an extension of the deferral.

d. The Tribunal will not grant an extension of the deferral unless the applicant provides the Tribunal with a medical documentation from his physician explaining why his present medical condition renders him incapable of proceeding with his Applications. The medical documentation must also address whether the applicant would be able to proceed with his Application if accommodations were provided (for example, hearings by telephone, extended deadlines, frequent breaks in hearings, etc.) Finally, the medical documentation must address the period of time during which the applicant is expected to be unable to pursue his Applications due to his medical condition. The applicant shall deliver a copy of the medical documentation from his physician to all four respondents to his Applications.

e. If the applicant files a Form 10, each respondent may file a Response to his Request by filing a Form 11 in accordance with the Tribunal’s Rules of Procedure. The Tribunal will consider both the applicant’s Request and the respondents’ Responses before determining next steps.

f. If, by the deadline in para. (c) above, the applicant does not file a Request for Order During Proceedings requesting either to re-activate his Applications or an extension of the deferral, his Applications may be dismissed as abandoned.

6I am not seized of this matter.