Pankoff v. St. Thomas (City), 2017 HRTO 1313

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Irene Pankoff as represented by her litigation guardian Gerald Pankoff

Applicant

-and-

The Corporation of the City of St. Thomas o/a Valleyview Home

Respondent

INTERIM DECISION

Adjudicator: Bruce Best Date: October 5, 2017 Citation: 2017 HRTO 1313 Indexed as: Pankoff v. St. Thomas (City)

WRITTEN SUBMISSIONS

Irene Pankoff as represented by her litigation guardian, Gerald Pankoff, Applicant

Patricia Nemeth, Representative

The Corporation of the City of St. Thomas o/a Valleyview Home, Respondent

Casey Dockendorff, Counsel

1A preliminary hearing is scheduled in this matter for Thursday October 12, 2017 to determine whether the Application is timely under s. 34 of the Human Rights Code, R.S.O. 1990, c.H.19, as amended (the “Code”), or if the substance of the Application has been appropriately dealt with under s. 45.1 of the Code.

2On October 3, 2017, the respondent requested an adjournment of the hearing on the basis that its primary witness respecting the issue of delay is unavailable, for medical reasons, to participate in the hearing, and will be unavailable to testify until approximately March 2018. The applicant has opposed the adjournment request, in part based on the position that any further delay in the proceeding will be prejudicial based on the applicant’s health and age.

3The adjournment is refused.

4First, though the illness of a party or a witness may constitute an exceptional circumstance, adjournment is not automatic. Having reviewed the witness statements filed by the parties, it is not obvious to me that the testimony of this witness will be necessary for me to determine whether the Application is untimely. This decision, however, is without prejudice to the respondent being able, after hearing the evidence from the other witnesses, to raise the issue that the witness’ evidence is necessary.

5Second, the preliminary hearing is addressing two separate issues, and the hearing may in any case proceed to hear the arguments respecting the applicability of s. 45.1 of the Code.

6The hearing will proceed as scheduled on October 12, 2017.