Alois Jurcik v. Ace Labelling Inc. and Jim McGuiness, 2009 HRTO 1845

Human Rights Tribunal of Ontario

B E T W E E N:

Alois Jurcik

Applicant

-and-

Ace Labelling Inc. and Jim McGuiness

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 2, 2009

Citation: 2009 HRTO 1845

Indexed as: Jurcik v. Ace Labelling

Reasons for Decision

1A Hearing in this matter is scheduled for December 16, 2009. The purpose of this Interim Decision is to address the respondents’ request for an adjournment.

2The hearing was scheduled by Notice from the Tribunal dated September 4, 2009. The respondents specifically agreed that they were available on that date.

3The respondents’ counsel wrote to the Tribunal on October 27, 2009 (received October 29, 2009) advising that he had been recently retained to represent the respondents and advising that it was impossible for him to prepare for the hearing. He also sought production of the applicant’s WSIB file and hospital records.

4While the Tribunal’s Information Bulletin on Scheduling of Hearings and Mediations, Rescheduling Requests and Requests for Adjournments applies to new Applications under s. 34 of the Code and does not strictly apply to transition Applications under s. 53 of the Code, nonetheless the principles set out in this Information Bulletin are equally applicable to transition Applications.

5The 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.

6The reasons for the request do not constitute exceptional circumstances that would permit an adjournment. The respondents agreed to the date of the Hearing and ought to have retained counsel that was available on that date and in sufficient time for counsel to prepare for that date. In addition, I note that there are six weeks before the hearing.

7With respect to the request for production, the applicant is directed to respond to the respondents’ request within 10 days of the date of this Interim Decision. The Tribunal will issue further directions as required.

8The request for adjournment is denied.