Akinretoye v. Admiral Inn, 2014 HRTO 782

Human Rights Tribunal of Ontario

Between:

Vicki Akinretoye Applicant

-and-

Admiral Inn and Verica Sam Respondents

Interim Decision

Adjudicator: David Muir Date: June 2, 2014 Citation: 2014 HRTO 782 Indexed as: Akinretoye v. Admiral Inn

1The hearing in respect of this Application was scheduled to begin on March 20, 2014 in Toronto.

2At the hearing the parties agreed to engage in mediation-adjudication. During these discussions it was agreed between the parties to jointly request that the hearing be adjourned. The reason for the adjournment was that the personal respondent, although not requesting an adjournment, may have been unable to attend the hearing for important personal reasons.

3Accordingly the hearing was adjourned to a conference call scheduled to take place on April 16, 2014 at 10:00 a.m. to set dates. The respondent Verica Sam did not attend the conference call. Subject to the advice of the parties attending at that time a hearing date was scheduled.

4On May 16, 2014 the respondent Verica Sam wrote to the Tribunal advising that she could not attend the hearing on June 18, 2014 because she was attending to a seriously ill member of her immediate family. She provided medical information to the Tribunal and other parties which supported the fact that a member of her immediate family is likely terminally ill. Ms. Sam stated that she is unable to say at this point when she would be able to attend a hearing.

5In a Case Assessment Direction issued on May 21, 2014 I directed the parties to provide their submissions with respect to what I characterized as an adjournment request.

6The applicant opposes the adjournment. I note that at the first hearing date in this case the applicant was insistent that the personal respondent attend the hearing. The organizational respondent supports the adjournment of the case.

7In all of the circumstances, I find that it is appropriate to adjourn the case subject to certain terms. I am satisfied that the medical and family issues that the personal respondent is dealing with at this time are such that would prevent her from fully participating in this process. She is a central figure in this dispute at least on the applicant’s version of events. For the same reasons she is a critical witness for the organizational respondent.

8I do agree with the applicant’s view that this case can not be adjourned indefinitely but I also appreciate that in the circumstances Ms. Sam can not be very precise about when she will be able to participate in this process and attend the hearing.

9In the circumstances I make the following Directions:

a. The hearing date of June 18, 2014 is adjourned to a date to be set in due course;

b. The personal respondent and/or the organizational respondent will advise the Tribunal within 60 days of the date of this Interim Decision of the situation of the personal respondent and her ability to participate in the hearing including a best estimate of when she may be able to do so failing which a hearing date will be set.

10I am not seized of this case.