HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
A.H by his Litigation Guardian J.H.
Applicant
-and-
MindTech Montessori School aka MindTech Academic Schools
Respondent
INTERIM DECISION
Adjudicator: Laurie Letheren
Indexed as: A.H. v. MindTech Montessori School
1This Interim Decision addresses the applicant’s request to adjourn the preliminary hearing scheduled for October 27 and 28, 2016.
2A case conference call was also scheduled for October 25, 2016 at 9:30 am.
3The hearing of the Application was previously adjourned on consent of the parties.
4On October 14, 2016, the applicant’s counsel advised the respondent and the Tribunal that the applicant’s guardian has sustained an injury that prevents her from sitting or from doing other activities for any sustained period of time. In addition, an applicant’s witness is scheduled for surgery on one of the hearing dates. As a result, the applicant is asking that the hearing dates be adjourned.
5The respondent has indicated that an adjournment would seriously prejudice it as one of its witnesses is scheduled to fly in for the hearing and due to the fact that this Application was previously adjourned.
6In a Case Assessment Direction, the Tribunal directed the applicant’s guardian to provide to the Tribunal with medical documentation to support the request for the adjournment.
7On October 21, 2016, this applicant provided medical documentation that indicated that due to the guardian’s injuries, she is unable to sit or stand for prolonged periods of time. She is experiencing pain in a number of areas and has a whiplash injury. The pain she is experiencing impacts her ability to concentrate and focus.
8In addition, the applicant provided a medical document that indicated that one of her witnesses is having surgery on October 26, 2016.
ADJOURNMENT REQUEST
9The Tribunal’s Practice Direction on requests to adjourn or reschedule hearings makes clear that the Tribunal will only grant adjournments in exceptional circumstances. It states:
The HRTO discourages requests for adjournments outside the 14-day period to request rescheduling of a mediation or hearing, described above. Requests for adjournments, particularly at the last minute, are a significant impediment to fair and timely access to justice. Therefore, the HRTO will only grant adjournments in extraordinary circumstances such as illness of a party, witness or representative. Absent exceptional circumstances, the HRTO will not grant adjournments, even when all parties consent.
10The guardian’s physical restrictions, as detailed in the medical documents, would make it very difficult for her to fairly participate in the hearing process. As the applicant is a minor, his guardian is the directing mind and decision maker in the Application. I find that this situation presents exceptional circumstance.
11For these reasons, I grant the applicant’s adjournment request.
12The conference call on October 25, 2016 is cancelled.
13The hearing dates of October 27 and 28, 2016 are adjourned.
ORDER
9The Tribunal orders as follows:
a. The Case Conference call of October 25, 2016 is cancelled.
b. The hearing dates scheduled for October 27 and 28, 2016 are adjourned. The parties will receive a Notice of Rescheduled Hearing from the Tribunal’s Registrar. The Notice will provide a date for the rescheduled hearing. If either party is not available on the date set out in the Notice, they must follow the rescheduling instructions contained in the Notice within the timeframes set out in the Notice.
Dated at Toronto, this 24th day of October, 2016.
“Signed By”
Laurie Letheren
Vice-chair