Ebrahim v. Stafford Homes, 2009 HRTO 2058

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sheliza Ebrahim by her litigation guardian, May Onas

Applicant

-and-

Stafford Homes Ltd.

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: November 30, 2009

Citation: 2009 HRTO 2058

Indexed as: Ebrahim v. Stafford Homes

1A Case Resolution Conference (“hearing”) in this matter is scheduled for December 2, 2009. The hearing was scheduled by Notice from the Tribunal dated July 28, 2009 after consultation with the respondent. A further Notice of Change of Venue for the hearing, but confirming the date of December 2, 2009 was sent to the parties on November 17, 2009.

2The respondent has requested an adjournment of the hearing on the basis of a scheduling error on the respondent’s part. It is not said whether the scheduling error was on the part of the corporate respondent or its counsel, or if the error was that of counsel why another member of counsel’s firm is not able to attend.

3The Tribunal did not seek the submissions of the applicant on this adjournment request, as consent does not necessarily result in an adjournment.

4While 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.

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.

6I am not satisfied that the reasons for the request constitute exceptional circumstances that would justify an adjournment.

7The request for adjournment is denied.