Latif Abdul-Rahman v. Children’s Aid Society of Toronto, 2015 HRTO 199

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Latif Abdul-Rahman

Applicant

-and-

Children’s Aid Society of Toronto

Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott

Date: February 12, 2015

Citation: 2015 HRTO 199

Indexed as: Abdul-Rahman v. Children’s Aid Society of Toronto

WRITTEN SUBMISSIONS

Children’s Aid Society of Toronto, Respondent

David Ross, Counsel

Introduction

1The hearing in this matter is scheduled to continue on March 10-12, 2015, in Toronto.

2On February 5, 2015, the respondent requested an adjournment of the March hearing dates because it is undergoing a massive system-wide transition and as such, David Fleming and Mark McDermid, its advisor and key witness, must attend the workplace instead of the Tribunal. The respondent advised the transition, originally scheduled to occur in February 2015, will not take place until March 9, 2015, one day before the resumption of the hearing.

analysis

3The Tribunal’s practice is to grant adjournments only in exceptional circumstances. The respondent has failed to establish the exceptional circumstances necessary to grant an adjournment because it appears that Mr. Fleming and Mr. McDermid are available during the hearing dates. See Vallentyne v. Royal Canadian Legion, 2009 HRTO 660 at para. 4.

4The hearing will resume on March 10, 2015 with the applicant’s evidence. He will complete his evidence based on new documentary disclosure and will then be cross-examined. The applicant has advised that he intends to call a number of witnesses to testify about the practice of call deferral. These witnesses will testify after the applicant has completed his evidence.

5Once the applicant has closed his case, the respondent will call Sunita Persaud to give evidence regarding any instructions given by the applicant. I have indicated in an earlier Case Assessment Direction on January 6, 2015 that any further evidence from the respondent will be addressed at the hearing. The respondent has also advised of its intention to ask the Tribunal to dismiss the Application on the basis that it has no reasonable prospect of success. I have advised the respondent that it can make this request at the hearing. As such, at this point, it is unclear whether Mr. McDermid will be testifying during the March hearing dates.

6The respondent states that it will not have an instructing client in the absence of Mr. Fleming. Again, it is not clear that Mr. Fleming will not be available during the March hearing dates. In the event Mr. Fleming is not able to attend the hearing, I will allow respondent’s counsel time to contact Mr. Fleming to obtain instructions and to communicate any evidence that has been heard in his absence. I would also note that Andrea Lyttle, the head of human resources, has been attending the hearing throughout. There is no indication that she is not able to attend the continuation dates.

order

7The respondent’s request to adjourn the hearing scheduled to resume on March 10-12, 2015 is denied.