McAllister v. Victorian Order of Nurses, 2017 HRTO 1505

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Martin McAllister Applicant

-and-

Victorian Order of Nurses Respondent

INTERIM DECISION

Adjudicator: Laurie Letheren Date: November 17, 2017 Citation: 2017 HRTO 1505 Indexed As: McAllister v. Victorian Order of Nurses

[1]

WRITTEN SUBMISSIONS

Martin McAllister, Applicant Self-represented

Victorian Order of Nurses, Respondent Christopher J. Hunter, Counsel

INTRODUCTION

1This Interim Decision addresses the applicant’s request to adjourn the merits hearing of this Application, which is scheduled for November 22 and 23, 2017, in Peterborough.

2In a Case Assessment Direction dated October 26, 2017, the applicant was directed to provide to the Tribunal medical documentation to support his request that he requires an adjournment as a result of his medical condition. The Case Assessment Direction detailed the information that was to be provided in the medical documentation.

3On November 7, 2017, the applicant delivered a letter of consultation from one of his treating medical professionals to the Tribunal and the respondent. The consultation note indicated that due to medical reasons, the applicant was not able to properly prepare for or participate in the hearing of the Application.

4The respondent corresponded with the Tribunal and the applicant on November 13, 2017, indicating that it consents to the applicant’s adjournment request. The respondent made the request that if the adjournment is granted that the dates for rescheduling the hearing be agreed upon by the parties and the Tribunal; that it be permitted to add or amend its witness lists and documents should the applicant file documents in advance of the rescheduled hearing; and that the matter be rescheduled within a reasonable timeframe.

ANALYSIS AND DECISION

5The 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 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.

6I find that in these circumstances, the applicant’s health amounts to the kind of exceptional circumstance that warrants an adjournment.

7For these reasons, I grant the applicant’s adjournment request.

ORDER

8The Tribunal orders as follows:

a. The merits hearing scheduled for November 22 and 23, 2017, is adjourned.

b. Within 30 days of the date of this Interim Decision, the applicant shall deliver a further medical report(s) to the respondent and Tribunal which provides the medical professional’s opinion about whether the applicant will be sufficiently recovered to participate and give evidence verbally throughout the various stages of the hearing, including cross-examination, with or without some form of accommodation of his needs and the timeframe of when he is likely to reach this point in his health recovery.

c. Once the applicant has provided this information, the Tribunal will provide the parties with further directions about rescheduling the date of the hearing of the Application and any direction on disclosure of documents and witness statements as needed.

9I am not seized.