Human Rights Tribunal of Ontario
Between:
Sharon Symonik Applicant
-and-
Tracy Hutchings Respondent
Interim Decision
Adjudicator: David Muir Date: December 7, 2017 Citation: 2017 HRTO 1631 Indexed As: Symonik v. Hutchings
1This Application, filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges discrimination with respect to goods, services and facilities because of disability.
2In Interim Decision 2017 HRTO 939 issued on July 25, 2017, the Tribunal directed that a summary hearing be held in this case. The summary hearing was scheduled to take place on December 7, 2017, by telephone conference call.
3On December 6, 2017, the respondent sought an adjournment because her counsel had become ill and was unable to attend. The respondent also advised that her counsel had been away from the office all of this week. No further information was provided. The applicant opposed the request to adjourn but provided no particular reason.
4In my opinion, while the timing is unfortunate, it is appropriate to adjourn the summary hearing because of the unavailability of counsel due to illness. There is nothing in the circumstances that suggests the request is not legitimate and it is the kind of extraordinary circumstance in which the Tribunal will exercise its discretion to grant such requests.
5The respondent’s request is granted and the summary hearing scheduled to take place on December 7, 2017 is cancelled.
6The Registrar will be in touch with the parties to re-schedule the summary hearing.
Dated at Toronto, this 7th day of December, 2017.
"Signed by"
_________________________________
David Muir Vice-chair