Jennifer Adams v. SNC-Lavalin O&M Inc. and Bill Mindenhall, 2016 HRTO 1330

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jennifer Adams

Applicant

-and-

SNC-Lavalin O&M Inc. and Bill Mindenhall

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: October 13, 2016

Citation: 2016 HRTO 1330

Indexed As: Adams v. SNC-Lavalin O&M Inc.

1This Application alleges discrimination with respect to goods, facilities or services because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2In a Case Assessment Direction issued on May 13, 2016, the Tribunal directed that a summary hearing be held in this case.

3On August 17, 2016, the applicant sought an adjournment of the Application. This request was denied in Interim Decision 2015 HRTO 1147, issued on August 29, 2016.

4On October 1, 2016, the applicant made a second request for an adjournment of he summary hearing. This was denied in Interim Decision 2015 HRTO 1289, issued on October 4, 2016.

5On October 11, 2016, the applicant again sought an adjournment citing her having being locked out of an email account for a period of time and therefore unable to retrieve certain unidentified material, but which appeared to be materials previously filed by the applicant. I note that it appears that the applicant is now able to access the materials and in any case it appears that they have been filed with the Tribunal and have been reviewed.

6The request is denied. I am not satisfied that the applicant has established any exceptional circumstances which justify an adjournment at this stage. The question to be addressed at the summary hearing is essentially to determine whether the applicant can point to any evidence which would tend to establish that a factor in the decision of the respondent to issue a trespass notice to her was that she is allegedly a person with a disability. Whatever evidence the applicant has available to her would have been known to her at the time she filed the Application. I am not satisfied that the applicant will not have had ample time to prepare for the summary hearing.

7I am not seized.