What is the test for an applicant's claim that he is incapable of attending a hearing?
Ontario, Canada
The following excerpt is from Saigal v. The Brick Ltd., 2018 HRTO 286 (CanLII):
The applicant has not provided enough information to support his assertion that he is incapable of attending the hearing. When a party seeks medical accommodation, a well-crafted medical note outlines the following information: • The individual’s specific limitations and the note should clarify how/why these limitations prevent or limit the individual’s participation in a hearing; • Medical evidence regarding the barriers the party has with respect to appearing at a hearing in person and/or electronically; • Details regarding how these barriers could be accommodated by the person not attending the hearing, or attending it by electronic means, or by some other accommodation method; and, • If there is medical evidence to support the individual’s inability to participate in a hearing, even with accommodation, a specific timeframe for when he or she will be able to participate in a hearing, see Ihasz v. Ontario (Revenue), 2014 HRTO 376.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
Can an applicant who entered into a family law proceeding with a pleading claim to a 50% interest in the respondent's property make an offer to settle that reflected a compromise from his pleaded claim? (Ontario, Canada)
Is medical treatment that prevents a party from attending a hearing sufficient to cause the adjournment of a hearing? (Ontario, Canada)
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
If the father of a child attends Westminster, would the child attend the same school that the father's older child attends? (Ontario, Canada)
Is Rule 24(1) of the Rules of Civil Procedure applicable in determining costs of a claim against a party who is successful in a claim? (Ontario, Canada)
What are the requirements for an application to be heard by a hearing panel to state that an applicant has undergone a meaningful change and rehabilitation of their character? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
Is medical treatment that prevents a party from attending a hearing sufficient to cause the adjournment of the hearing? (Ontario, Canada)
