Vallentyne v. Royal Canadian Legion, 2009 HRTO 534

Human Rights Tribunal of Ontario

B E T W E E N:

Lynn Vallentyne Applicant

-and-

Royal Canadian Legion Respondent

INTERIM DECISION

Adjudicator: David A. Wright Date: April 29, 2009 Citation: 2009 HRTO 534 Indexed as: Vallentyne v. Royal Canadian Legion

1A hearing in this matter is scheduled for June 4, 2009. The hearing was scheduled by letter from the Tribunal dated March 11, 2009. On April 17, 2009, counsel for the respondent, who practices at a large Toronto law firm, wrote to advise the Tribunal that she had been retained. Accordingly, she requested (i) a two-week extension to file witness and document lists, copies of documents to be relied upon, and will say statements; and (ii) that the hearing be rescheduled as she was already scheduled to attend on another human rights matter that day.

2The applicant opposes this request. She advises that she and her witnesses have already asked for the day off work and notes that the respondents asked to reschedule the mediation. With her letter, she also included summonses to witness for four members of the respondent Legion for whom she does not have contact information and states that she does “not feel comfortable asking the respondent for contact information”.

3Counsel for the respondent is directed to advise the Tribunal and the applicant within one week of this Interim Decision whether it agrees to provide contact information for the applicant’s proposed witnesses or to deliver the summonses and conduct money to them on the applicant’s behalf.

4Counsel for the respondent is granted an extension until May 4, 2009 to file the required documents, as requested.

5The Tribunal’s Information Bulletin on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments provides that requests to reschedule must be made within five days of receiving the Notice of Hearing. The Information Bulletin states the following regarding requests for adjournment:

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 alternative dates for the rescheduling of the mediation or hearing. Alternative 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 decision of a party to retain counsel after a hearing is scheduled is not the type of circumstance that would justify a request for an adjournment. Absent exceptional circumstances, a party must find counsel who is available on the date already scheduled. Moreover, in this case the applicant will be prejudiced as she has already made arrangements for her attendance and that of her witnesses at the hearing. Accordingly, the request for an adjournment is denied.

7I am not seized.