HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Prakash Murugesan

Applicant

-and-

CIBC Mortgages Inc., Gerald McCaughey, Brent Belzberg, Gary Colter, Dominic D'Alessandro, Patrick Daniel, Luc Desjardins, Gordon Giffin, Linda Hasenfratz, Kevin Kelly, Nicholas Le Pan, John Manley, Jane Peveret, Leslie Rahl, Charles Sirois, Katharine Stevenson, Ronald Tysoe, Jacqueline Moss and John Silverthorn

Respondents

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: March 31, 2015

Citation: 2015 HRTO 426

Indexed as: Murugesan v. CIBC Mortgages Inc.

WRITTEN SUBMISSIONS

Prakash Murugesan, Applicant

Self-represented

CIBC Mortgages Inc., Respondent

John Field, Counsel

1This Case Assessment Direction (“CAD”) addresses the applicant’s request that the Tribunal defer consideration of his Application.

2The Applicant filed a Request for Order During Proceedings requesting that consideration of his Application be deferred (put on hold) for six months due to the impact it is having on his mental health. The applicant provided a supporting letter from his treating physician confirming that the applicant is not medically able to proceed with his Application for the next six months.

3CIBC Mortgages Inc. (“CMI”) noted that the applicant has been granted a number of extensions and a deferral in this matter. It submitted that if he was seeking a further deferral, he should be required to provide medical evidence from his physician that states clearly when he will be able to participate in the Tribunal’s adjudication process. In addition, CMI submitted that the medical evidence should further comment on whether or not the prognosis for the Applicant is such that he will not be able to ever proceed.

4In light of the letter from the applicant’s doctor, I am prepared to defer consideration of this Application for another six months. However, any further deferral requests will have to be accompanied by a letter from the applicant’s physician which both explains why the applicant is not medically able to proceed with the Tribunal’s hearing process and also an opinion as to when the applicant is likely to be medically able to participate in this process.

ORDER

5The Tribunal will defer consideration of the Application for a further six months. At the expiry of the six month period, the applicant is required to file a Form 10 seeking to re-activate his Application.

6I have reminded the applicant in the past of the requirement that he complete the appropriate Tribunal forms when making and responding to Requests. These same directions apply to the respondent, CMI.