Wright v. Albert Gebara, 2009 HRTO 1976

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Deborah Wright

Applicant

-and-

Albert Gebara Inc. o/a Sunoco, Joe Gebara and Albert Gebara

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 20, 2009

Citation: 2009 HRTO 1976

Indexed as: Wright v. Albert Gebara

1This Interim Decision addresses a request submitted by the applicant to adjourn the Case Resolution Conference (hearing) scheduled for November 25, 2009. The respondent opposed the request.

2On November 16, 2009 the applicant wrote to the Tribunal seeking an adjournment because of her inability to meet with counsel due to recent ill health. She subsequently explained that she sought treatment at the hospital, was taking medication and awaiting a referral to a specialist, and that she had not been well enough for over a month to meet with her counsel.

3While 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.

4The 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.

5The circumstance of the applicant’s ill health for a month shortly before the hearing is an exceptional circumstance that justifies an adjournment. Neither party has complied with their obligation to file statements of additional fact, remedy, response to remedy, documents, or will say statements of witnesses. Therefore, it does not appear that that the adjournment will cause significant prejudice to the respondents.

6The Case Resolution Conference scheduled for November 25, 2009 is adjourned. The Tribunal will contact the parties to offer new dates for a hearing.