Smith v. McMaster University, 2017 HRTO 1225

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Amy Smith

Applicant

-and-

McMaster University and Mohawk College

Respondents

INTERIM DECISION

Adjudicator: Yasmeena Mohamed

Date: September 19, 2017

Citation: 2017 HRTO 1225

Indexed as: Smith v. McMaster University

WRITTEN SUBMISSIONS

Amy Smith, Applicant

Self-represented

McMaster University, Respondent

Jennifer Bernardo, Counsel

Mohawk College, Respondent

Patricia G. Murray, Counsel

1A hearing is scheduled in the Application for October 2 and 3, 2017.

2A Case Assessment Direction (“CAD”) was issued on August 20, 2017, directing the parties to comply with their disclosure obligations under Rules 16 and 17 of the Tribunal’s Rules of Practice. The CAD directed the parties to disclose, by September 8, 2017, their arguably relevant documents to each other and, by September 15, 2017, a list of documents, a copy of the documents, a list of witnesses, witnesses statements to each other and the Tribunal.

3The applicant has disclosed her arguably relevant documents to the respondents, but to date has not disclosed her list of documents, a copy of the documents, a list of witnesses, witnesses statements to each party and the Tribunal.

4The respondent Mohawk College has complied with all its disclosure obligations outlined in the CAD.

5The respondent McMaster University has, to date, not complied with any of its disclosure obligations outlined in the CAD.

6By emails dated September 15, 2017, the applicant has made the following requests for:

• an Interim Remedy;

• an adjournment of the upcoming hearing dates; and

• an extension of time to file her statement and witness statements with the Tribunal and the respondents.

7This Interim Decision deals with each of the applicant’s requests in turn.

Interim Remedy

8The applicant filed a copy of a Form 16, requesting the Tribunal to issue an interim order permitting her to resume her studies at McMaster University. The applicant requests that she be permitted to complete her three remaining courses in the Leadership and Management Program, prior to its closure in December 2017. Mohawk College argues that it has not received the Form 16 request. McMaster University has not responded to this request.

Decision

9The request for an interim remedy will be heard and decided at the outset of the hearing on October 2, 2017, after hearing submissions from the parties.

Adjournment Request

10The applicant requests an adjournment of the October 2-3, 2017 hearing days on the basis that she requires time to review the “copious” amount of documents received from Mohawk College and prepare for the hearing.

11Mohawk College objects to the applicant’s adjournment request on the basis that their documents were disclosed to the applicant over two months ago and the applicant has had more than ample time to review the documents.

Decision

12The Tribunal’s Practice Direction on Requests for Adjournments states:

Requests for Adjournments

The HRTO discourages requests for adjournments outside the 14-day period to request rescheduling of 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.

13The Rescheduled Hearing Notice was sent to the parties June 16, 2017, approximately three months before the scheduled hearing dates. The applicant has had time to prepare for the hearing. In my view the applicant has not demonstrated any exceptional circumstances warranting an adjournment. There is therefore no basis to adjourn the hearing at this point. The hearing will proceed on the dates as scheduled.

Disclosure of Documents and Witness Statements

14The applicant’s request for an extension of time to meet the disclosure requirements prescribed in the CAD is largely based on the same grounds argued in support of her request for an adjournment.

Decision

15Given the administrative issues the applicant appears to have with respect to “faxing” her documents, I am prepared to grant the applicant and McMaster University an extension of time to deliver and file their list of documents, a copy of their documents, a list of witnesses, witnesses statements to the parties and the Tribunal, until September 25, 2017.

ORDERS

16The applicant’s request for an interim order will be heard at the outset of the hearing on October 2, 2017.

17The request for an adjournment is denied.

18The applicant and McMaster University shall deliver and file their list of documents, a copy of their documents, a list of witnesses, witness’s statements to the parties and the Tribunal by September 25, 2017.