HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hélène Théberge

Applicant

-and-

Eagleson Co-operative Homes Inc.

Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: December 18, 2009

Citation: 2009 HRTO 2226

Indexed as: Théberge v. Eagleson Co-operative Homes

[1] This Interim Decision addresses a request submitted by the applicant to adjourn the Hearing scheduled for February 9 and 11, 2010. The respondent opposed the request. The Hearing was scheduled with a one-day rest break to accommodate the applicant’s medical needs.

[2] On December 4, 2009, the applicant wrote to the Tribunal seeking an adjournment because of her inability to prepare for the hearing due to her current high level of anxiety and tiredness.

[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 circumstance of the applicant’s ill health is an exceptional circumstance that justifies an adjournment. However, in order for the Tribunal to ensure that this matter will not be unduly delayed again, should the applicant require a further adjournment, the applicant will be required to provide the Tribunal with medical confirmation for any further adjournment requests.

[6] The Case Resolution Conference scheduled for February 9 and 11, 2010 is adjourned. The Tribunal will contact the parties to offer new dates for a hearing.

Dated at Toronto, this 18^th day of December, 2009.

“Signed by”

Kaye Joachim

Alternate Chair