Human Rights Tribunal of Ontario
B E T W E E N:
Claudette Hutchinson Applicant
-and-
International Ladies Garment Workers Union Co-op and Community First Developments Inc. Respondents
INTERIM DECISION
Adjudicator: Dawn J. Kershaw
Date: June 17, 2014
Citation: 2014 HRTO 897
Indexed as: Hutchinson v. International Ladies Garment Workers Union Co-op
WRITTEN SUBMISSIONS
Claudette Hutchinson, Applicant Self-represented
Hutchinson International Ladies Garment Workers Union Co-op and Community First Developments Inc., Respondents 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 June 27, 2014, and her request to consolidate this Application with the Application, Tribunal File 2014-17916-I, commenced by her on June 11, 2014.
2The respondents consent to the applicant’s request for consolidation, but request that the Summary Hearing proceed on the scheduled date with respect to both Applications.
3The applicant asks to adjourn the June 27 hearing date for medical reasons. She provided a medical note dated May 28, 2014 in which she is noted to have surgery scheduled for June 19, 2014, and also to be dealing with health issues and overwhelming stress.
Background
4The applicant previously requested an adjournment of the Summary Hearing originally scheduled for March 12, 2014 (“the first adjournment request”), on the basis of medical documentation that indicated the applicant was unable to sit or stand for extended periods as a result of a motor vehicle accident on November 15, 2013.
5The Tribunal granted the first adjournment request in Interim Decision 2014 HRTO 268, dated February 27, 2014, but indicated that for any future adjournment request, the applicant was required to include medical documentation explaining why her medical situation would not allow her to participate in a telephone hearing from home, during which time she could alternate sitting, standing and even lying down.
6The applicant made a second request for rescheduling of the Summary Hearing, then scheduled to take place on June 20, 2014, because of scheduled surgery. This was not opposed by the respondents, and the new date was set for June 27, 2014.
7The applicant’s current request is not for the same reason as the first adjournment request. The current request mentions health issues and overwhelming stress and asks that the hearing should be rescheduled to at least September, 2014. It does not contain any information as required by the Tribunal in its Interim Decision, and gives no specific reason for the request.
8The respondents object to the current request because they first requested the Summary Hearing on July 24, 2013, and to further adjourn the matter would unnecessarily delay the resolution of the Applications and cause further expense to the respondents.
Decision
9On consent of the parties, Applications 2013-14573-I and 2014-17916-I are consolidated.
10The Tribunal’s Confirmation of Hearing Notice states that requests for adjournments will be dealt with according to the Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments. This Practice Direction provides that requests to reschedule must be made within 14 days of receiving the Notice of Confirmation of Hearing and that the parties need to confer and provide the Tribunal with alternative dates if a rescheduling is being requested. The Practice Direction also states that the Tribunal discourages requests for adjournments outside this 14 day period noting that later requests for adjournment, particularly ones at the last minute, are a significant impediment to fair and timely access to justice. Consequently, 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. The Practice Direction also states that where a party seeks to adjourn a scheduled hearing, he or she must contact the other parties to seek their consent, and to discuss alternative dates for the rescheduling of the hearing.
11This is the applicant’s second opposed request for an adjournment. The applicant’s current request for an adjournment is denied. Although the reason for this request differs from the first adjournment request, the applicant was put on notice by the Tribunal in the Interim Decision that further requests for adjournments would require medical documentation which explained why her medical situation would prohibit her from participating in the Summary Hearing from home on the telephone. The medical note from the nurse practitioner includes no such information.
12However, Application 2014-17916-I is not yet complete. The applicant is directed to complete and file her Form 1B for that Application by June 23, 2014. In the circumstances the hearing date cannot be scheduled until the pleadings are complete, delivered to the respondents and the respondents have the opportunity to respond if directed or they so wish. In the circumstances the Summary Hearing for both Applications cannot proceed on June 27, 2014.
13The applicant is directed to contact the respondents’ counsel by no later than June 24, 2014 to identify three mutually available dates within eight weeks of the June 27 hearing date and to provide this information to the Tribunal. If mutually available dates are not provided as directed, the Tribunal will proceed to set a date for the consolidated Summary Hearing. The consolidated Summary Hearing date is set peremptory on the applicant and the Tribunal will not consider further requests to adjourn the Summary Hearing from her.
Order
14The June 27, 2014 hearing date will not proceed.
15Applications 2013-14573-I and 2014-17916-I are consolidated. The parties must consult and provide the Registrar with three mutually available hearing dates within eight weeks of June 27, 2014. If mutually available dates are not provided the Tribunal will set a date for the Summary Hearing.
16The date of the Summary Hearing of the consolidated Applications is peremptory on the applicant.