HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Karen McCombs
Applicant
-and-
Osprey Media Group,
Jenni MacLean and Regina Paczkowski
Respondents
AND B E T W E E N:
Deborah Palermo
Applicant
-and-
Osprey Media Group,
Jenni MacLean and Regina Paczkowski
Respondents
INTERIM DECISION
Adjudicator: Mark Hart
Date: May 8, 2009
Citation: 2009 HRTO 597
Indexed as: McCombs v. Osprey Media Group
[1] A Case Resolution Conference (hearing) in this matter is scheduled for May 19 and 20, 2009. The hearing was scheduled by Notice from the Tribunal dated January 22, 2009.
[2] The applicants wrote to the Registrar-Transition on May 4, 2009, requesting an adjournment because they are scheduled to work doing deliveries on the scheduled hearing days and cannot take these days off from work. The applicants provided various dates in May, June, July and August 2009 when they would be available to attend the hearing.
[3] Counsel for the respondents responded by letter dated May 7, 2009 objecting to the adjournment on the basis that the applicants should have known well in advance what their distribution days were and no explanation has been provided for the late request for an adjournment, that one of the personal respondents already has made arrangements to take time off work to attend the hearing, that many of the days proposed by the applicants are not suitable for the respondents, and that in any event the respondents would like to see this matter adjudicated without further delay.
[4] The respondents also rely upon the Tribunal’s Information Bulletin on Scheduling of Hearings and Mediations, Rescheduling Requests and Requests for Adjournments. While this Information Bulletin applies to new Applications under s. 34 of the Code and does not strictly apply to transition Applications under s. 53 of the Code, nonetheless the principles set out in this Information Bulletin are equally applicable to transition Applications.
[5] 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.
[6] The reasons for the request do not constitute exceptional circumstances that would permit an adjournment. The applicants have known since January 2009 that the hearing was scheduled in May 2009 and had the opportunity to request a rescheduling at that time or at an earlier point than two weeks prior to the commencement of the hearing. It is inevitable that the scheduling of hearing days will create some degree of conflict with work requirements in many cases. This is simply part of the adjudication process and does not constitute the kind of exceptional circumstances that would warrant granting an adjournment request of this nature.
[7] The request for adjournment is denied.
Dated at Toronto, this 8th day of May, 2009.
“Signed by”
Mark Hart
Vice-chair