Cathy Dalley v. Kit Care Corporation, 2009 HRTO 839

Human Rights Tribunal of Ontario

B E T W E E N:

Cathy Dalley

Applicant

• and-

Kit Care Corporation

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: June 15, 2009

Citation: 2009 HRTO 839

Indexed as: Dalley v. Kit Care

1A hearing in this matter is scheduled for August 24, 25, and 26, 2009. The hearing was scheduled by letter from the Tribunal dated May 14, 2009. On June 1, 2009, the respondent’s representative wrote to the Tribunal to request a rescheduling of the hearing date on the basis that he misplaced his file on this issue and is waiting for additional documentation from a third party to support the respondent’s case.

2The applicant opposes this request. Her counsel states that she is not available on the alternative dates proposed by the respondent and that the applicant would like to proceed as scheduled.

3The 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.

4The loss of the file is not an exceptional circumstance that justifies the adjournment of this hearing now that it has been scheduled, in the face of the opposition of the applicant. There is plenty of time in advance of the hearing to obtain any necessary documentation. The request for adjournment is denied.

5I am not seized.