Stanley v. Vari-Form, 2009 HRTO 2021

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Shannon Stanley

Applicant

-and-

Vari-Form Inc., Adam Solomon, Jeff McLinchey, Randy Nicholls and Shelley Griffiths

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 27, 2009

Citation: 2009 HRTO 2021

Indexed as: Stanley v. Vari-Form

1A Case Resolution Conference (“hearing”) in this matter is scheduled for December 17, 2009. The hearing was scheduled by Notice from the Tribunal dated September 8, 2009. This Interim Decision addresses the applicant’s request for an adjournment.

2The applicant wrote to the Tribunal on November 19, 2009 seeking to adjourn the hearing on the basis that, due to the recent death of her mother (September 20, 2009), and the stress of taking care of her affairs, the hearing be adjourned until May 2010. The applicant submitted a letter from a health centre advising that she is involved in a weekly treatment program on an outpatient basis and that her symptoms are exacerbated by the upcoming hearing.

3The applicant’s failure to comply with the deadlines to file the statement additional facts and remedy, if any, and make disclosure by October 8, 2009 may be explained by her mother’s passing. However, it is unclear why she waited until November 19, 2009 to seek an adjournment or why she is unavailable until May 2010.

4The respondents opposed the requested adjournment on the basis that two of the witnesses who are no longer employed by the corporate respondent have arranged to attend on December 17, 2009 and their availability in a further five or six months is uncertain.

5While 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.

6The 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.

7In light of the medical information, I am satisfied that the reasons for the Request do constitute exceptional circumstances that would permit an adjournment. However, I am not satisfied that the delay of a further five months is required or would be fair or just to the respondents.

8The Tribunal will be in touch to offer dates for the hearing, but they may be before May 2010.

9The Tribunal notes that neither party has submitted statement of additional facets, remedy, documents witness lists or will says to the Tribunal. Upon scheduling a new date, new deadlines will be established and the parties are expected to comply with them.

10The respondents are directed to obtain detailed will says from the witnesses they are concerned may not be available in the future.