HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tanya Sampson

Applicant

-and-

Johnson Controls Inc., Gail Murphy, Darlene Snowball and Diane Huxter-Mercer

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: October 15, 2009

Citation: 2009 HRTO 1684

Indexed as: Sampson v. Johnson Controls

[1] A Case Resolution Conference (“hearing”) in this matter is scheduled for October 21 and 22, 2009. The hearing was scheduled by Notice from the Tribunal dated June 4, 2009. This Interim Decision addresses the applicant’s request for an adjournment.

[2] The applicant wrote to the Tribunal on October 12, 2009 seeking an extension of time for filing her materials (which were due June 29, 2009) advising that she had not had time to deal with this case as she was dealing with “other matters.” She also sought to reschedule the hearing on the basis that she is not financially capable of travelling from Newfoundland and had medical appointments scheduled that week.

[3] While the Tribunal’s Information Bulletin on Scheduling of Hearings and Mediations, Rescheduling Requests and Requests for Adjournments does not specifically apply to Transition Applications, nonetheless the principles set out in this Information Bulletin are equally applicable to Transition Applications.

[4] The Tribunal’s Information Bulletin provides that requests to reschedule must be made within five (5) days of receiving the Confirmation of Hearing and that thereafter, adjournments will be granted only in extraordinary circumstances. The Information Bulletin states the following regarding requests for adjournments:

Requests for adjournment, particularly last minute requests for adjournments are a significant impediment to fair and timely access to justice.

The Tribunal’s approach to scheduling and rescheduling mediations and hearings is designed to give the parties a fair opportunity to find suitable dates. Therefore, the Tribunal discourages adjournment requests, and will only grant adjournments in extraordinary circumstances such as illness of a party, witness or representative.

The Tribunal will not automatically grant adjournments even when all parties consent. Consent of all parties will be a factor which the Tribunal will consider where a request to adjourn a mediation or hearing is made, but it is not the only, or even the main factor.

Where a party seeks to adjourn a previously scheduled mediation or hearing, they must contact the Registrar as soon as the need arises. If practical, they should contact the other parties to seek their consent, and to discuss alternate dates for the rescheduling of the mediation or hearing. Alternate dates for mediation must fall within five (5) months of the date of the Notice of Application. Alternative dates for a hearing must fall within five (5) months of the date of the Confirmation of Hearing.

The party making the request should contact the Registrar and provide the reason for the request and the alternative agreed upon dates. Where the request is on short notice, the party must contact the Registrar by telephone or email.

The Tribunal typically will not adjourn a hearing date because the parties wish to “engage in settlement discussions” or are “close to a deal”. The Tribunal encourages mediation and settlements, and will assist the parties in this regard. Where parties believe they may be able to resolve a matter shortly before the scheduled hearing, they should advise the Registrar and the Tribunal will make a mediator and mediation room available. However, the Tribunal discourages the cancellation or adjournment of hearing dates so that the parties can explore settlement.

[5] The reasons for the Request do not constitute exceptional circumstances that would permit an adjournment. The applicant has known since June 2009 that the hearing was scheduled in October 2009 and had the opportunity to request a rescheduling.

[6] The request for adjournment is denied.

[7] The applicant was directed by Registrar letter to confirm her intention to attend by October 19, 2009 or the Tribunal may consider that she has abandoned her Application and it may be dismissed.

Dated at Toronto, this 15^th^ day of October, 2009.

“Signed by”

Kaye Joachim

Alternate Chair