Taylor-Wright v. York University, 2009 HRTO 989

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Beverley Taylor-Wright

Applicant

-and-

York University School of Social Work, Amy Rossiter and Saara Greene

Respondents

AND B E T W E E N:

Beverley Taylor-Wright

Applicant

-and-

Women’s Centre of York Region and Sandra Freer

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: July 7, 2009

Citation: 2009 HRTO 989

Indexed as: Taylor-Wright v. York University

1A Case Resolution Conference (“hearing”) in this matter is scheduled for July 8 and 9, 2009. The hearing was scheduled by Notice from the Tribunal dated February 11, 2009 upon the consent of the applicant. This Interim Decision addresses the applicant’s request for an adjournment.

2On July 3, 2009, the applicant’s representative sent a fax to the Tribunal advising that he had been retained to represent the applicant and also advising the applicant was “medically unable to attend the case conference hearing.” The applicant’s representative submitted a brief medical note dated July 2, 2009 which stated the medical practitioner had been seeing the applicant for the past several months for ”stress related to her human right complaint.” The medical note does not address the applicant’s ability to attend the hearing.

3While 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.

4The 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.

5The reasons for the Request do not constitute exceptional circumstances that would permit an adjournment. The applicant has known since February 2009 that the hearing was scheduled in July 2009. The medical documentation submitted does not demonstrate an inability to attend the hearing.

6The Request for adjournment is denied.