HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kayla Pollock
Applicant
-and-
Carolyn Wilson
Respondent
INTERIM DECISION
Adjudicator: Josée Bouchard
Indexed as: Pollock v. Wilson
WRITTEN SUBMISSIONS
Kayla C. Pollock, Applicant
Self-represented
Carolyn Wilson, Respondent
Robert Gill, Paralegal
1A hearing in respect of this Application is scheduled for October 19, 2016 in Toronto.
2On September 4, 2016, the applicant wrote to the Tribunal requesting an adjournment of the matter on the basis that she has serious health concerns and will be a hospital inpatient on the day of the hearing.
3On September 7, 2016, the respondent wrote to the Tribunal opposing the request for an adjournment. The respondent argues that while she is sensitive to the applicant’s issues, she and her witnesses have prepared for the hearing and scheduled time off work to attend.
4On September 26, 2016, the applicant filed with the Tribunal, and delivered to the respondent, a medical note confirming her serious medical condition.
5The Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments states:
The Tribunal discourages requests for adjournments outside the 14-day period to request rescheduling of a . . . hearing . . . . Requests for adjournments, particularly at the last minute, are a significant impediment to fair and timely access to justice. Therefore, 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.
6Medical treatment that prevents a party from being able to attend a hearing is the kind of extraordinary circumstance that justifies the granting of an adjournment. See Moore v. Ferro & Company, 2014 HRTO 296.
ORDER
7For the above reasons, the Tribunal makes the following order:
a. The applicant’s request for an adjournment is granted, and the hearing date currently scheduled for October 19, 2016 is cancelled; and
b. The applicant is directed to advise the Tribunal and the respondent regarding when it is expected that she will be medically able to attend the hearing, and the parties are directed to consult with each other to provide alternate proposed hearing dates in accordance with this expectation.
Dated at Toronto, this 6th day of October, 2016.
“Signed By”
Josée Bouchard
Vice-chair