Terri-Ann Lewis v. Riverdale Housing Co-operative, Co-op Housing Federation of Toronto, and Yvette Burke, 2015 HRTO 451

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Terri-Ann Lewis

Applicant

-and-

Riverdale Housing Co-operative, Co-op Housing Federation of Toronto, and Yvette Burke

Respondents

INTERIM DECISION

Adjudicator: Laurie Letheren Date: April 7, 2015 Citation: 2015 HRTO 451 Indexed as: Lewis v. Riverdale Co-operative Homes

WRITTEN SUBMISSIONS

Terri-Ann Lewis, Applicant

Joseph Kary, Counsel

Riverdale Housing Co-operative, Co-op Housing Federation of Toronto, and Yvette Burke, Respondents

Luke J. Saites, Counsel

INTRODUCTION

1The purpose of this Interim Decision is to deal with the applicant’s request for an adjournment of the Summary Hearing scheduled for April 8, 2015 by way of teleconference.

2The applicant previously requested an adjournment of this Summary Hearing; however, that request was later retracted. The applicant made another more recent adjournment request on the basis that applicant’s counsel had been recently retained and that counsel was required to appear on a previously scheduled matter at the same time as the Summary Hearing.

3The Tribunal denied the adjournment request in Interim Decision 2015 HRTO 423, dated March 31, 2015. After reviewing the reasons for the adjournment request, the Tribunal found that there is nothing extraordinary about the applicant’s circumstances and there is no valid reason to grant an adjournment.

4The applicant’s current request for an adjournment is made for medical reasons. She has provided medical documentation, dated April 6, 2015, which states that the applicant’s medical condition has worsened and the compounding stress of the Tribunal proceeding has made self-representation unmanageable. The medical documentation states that it is imperative that her lawyer be present for the Tribunal proceedings.

5The respondent opposes the request and takes the position that the Summary Hearing should proceed as scheduled.

DECISION

6According to the Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments, requests to reschedule must be made within 14 days of receiving the Notice of Confirmation of Hearing. Outside this 14-day period, 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.

7The applicant’s request for an adjournment is allowed given that she has provided medical documentation to support a finding that the applicant presents extraordinary circumstances to allow for the adjournment.

ORDER

8The applicant’s adjournment request is allowed.

NEXT STEPS

9The April 8, 2015 summary hearing date is cancelled and the Tribunal will schedule a new date.

10The parties must consult and provide the Registrar with three mutually available hearing dates within eight weeks of April 8, 2015. If mutually available dates are not provided the Tribunal will set a date for the Summary Hearing.

11The date of the Summary Hearing is peremptory on the applicant.