Wolfe v. City of Toronto, 2015 HRTO 1513

Human Rights Tribunal of Ontario

BETWEEN:

Patricia Lynn Wolfe Applicant

-and-

City of Toronto (Cummer Park Community Centre and Douglas Snow Aquatic Centre) Respondent

INTERIM DECISION

Adjudicator: Laurie Letheren Date: November 10, 2015 Citation: 2015 HRTO 1513 Indexed as: Wolfe v. City of Toronto

Written Submissions

Patricia Lynn Wolfe, Applicant Jamie McGinnis, Counsel

City of Toronto (Cummer Park Community Centre and Douglas Snow Aquatic Centre), Respondent Antonella Ceddia, Counsel

Introduction

1This Application alleges discrimination with respect to service because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The hearing of this Application is scheduled for December 8 and 9, 2015.

3As per Interim Order 2015 HRTO 1223, the Tribunal granted the applicant's request to amend the Application. The amendments included new allegations to which the respondent had not had an opportunity to investigate or respond.

4Following the Interim Order to amend the application, the parties filed a request on consent to adjourn the December 8 and 9, 2015 hearing dates; to amend the schedule for filing an amended Response; and to amend the dates for disclosure of arguably relevant documents. The parties submitted a proposed schedule with agreed upon dates for fulfilling their respective obligations under the Tribunal's Rules of Procedure.

5The parties submit that it would not be just and fair if the respondent were not given sufficient time to investigate and complete a Response to the new allegations.

6The 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.

7I find that in this case there are exceptional circumstances that allow the Tribunal to grant an adjournment.

ORDER

8The parties' Request to adjourn the December 8 and 9, 2015 hearing dates is granted.

9On or before November 30, 2015, the respondent shall file its amended Response to address the new allegations raised in the amendments to the Application. The amended Response can be served and filed as an addendum to the Schedule A to the Response as originally filed.

10Within a further 14 calendar days from receipt of the respondent's Response to the amendments, the applicant shall serve and file any proper Reply in accordance with Rule 9.

11Following the receipt of the Reply, the Registrar shall send a Notice of Hearing to the Parties.