McPherson v. DeSilva, 2016 HRTO 171

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Susan McPherson Applicant

-and-

Lande DeSilva Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw Date: February 5, 2016 Citation: 2016 HRTO 171 Indexed as: McPherson v. DeSilva

WRITTEN SUBMISSIONS

Susan McPherson, Applicant Self-represented

Lande DeSilva, Respondent Kara Smith, Counsel

Introduction

1This Interim Decision deals with the applicant’s request for an adjournment of the hearing scheduled for February 10 and 11, 2016.

2The applicant’s request for an adjournment was made by fax dated February 1, 2016 and included a letter from the hospital.

3The applicant’s e-mail was sent to the respondent’s counsel, and submissions were sought with respect to the applicant’s request for an adjournment.

4The respondent’s submissions were received on February 3, 2016 objecting to the applicant’s request and indicating that he did not know why the applicant could not attend the hearing given it was still a week away, and the Tribunal routinely provides accommodation for those with disabilities. He further stated that it would be prejudicial to him to adjourn the hearing because he has cancelled his patients for the two hearing dates scheduled.

5The Tribunal sought further submissions from the applicant partly to clarify whether she remained in hospital as it was not clear from the original request.

6The applicant’s son responded on behalf of the applicant because she does not have access to email. He advised he spoke to the care nurse at the hospital, confirmed that the applicant remained in hospital and that she will not be out of hospital by the time of the hearing.

DECISION

7The Tribunal’s Confirmation of Hearing Notice states that requests for adjournments will be dealt with according to the Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments. This Practice Direction provides that requests to reschedule must be made within 14 days of receiving the Notice of Confirmation of Hearing and that the parties need to confer and provide the Tribunal with alternative dates if a rescheduling is being requested. The Practice Direction also states that The Tribunal discourages requests for adjournments outside this 14 day period noting that later requests for adjournment, particularly ones at the last minute, are a significant impediment to fair and timely access to justice. Consequently, 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. The Practice Direction also states that where a party seeks to adjourn a scheduled hearing, they must contact the other parties to seek their consent, and to discuss alternative dates for the rescheduling of the hearing.

8The applicant’s request for an adjournment is allowed. The applicant has medical issues and remains in hospital. She is unable to attend the hearing as scheduled. This in my view constitutes exceptional circumstances.

9The applicant is directed to contact the respondent’s counsel as soon as she is able, to identify mutually available dates that are within twelve to sixteen weeks of the original hearing dates. If the parties are unable to identify such dates the Tribunal will set the dates for the hearing without the agreement of the parties.

ORDER

10The applicant’s adjournment request is allowed

11The applicant is directed to contact the respondent’s counsel as soon as she is able to identify mutually available dates within 12 to 16 weeks of the original hearing dates and to provide this information to the Tribunal.