Human Rights Tribunal of Ontario
B E T W E E N:
Claudette Peyton Applicant
-and-
Dollarama L.P. Respondent
INTERIM DECISION
Adjudicator: Ken Bhattacharjee Date: May 19, 2010 Citation: 2010 HRTO 1129 Indexed as: Peyton v. Dollarama
1The purpose of this Interim Decision is to address the respondent’s request for an adjournment of the May 20, 2010 hearing date.
2On February 1, 2010, the Tribunal issued a Confirmation of Hearing Notice to the parties, which informed them that the hearing is scheduled for May 20. The Notice also informed them that requests for adjournments will be dealt with in accordance with the Tribunal’s Information Bulletin: Scheduling of Hearings and Mediations, Rescheduling Requests, and Request for Adjournments. The Information Bulletin provides that requests to reschedule a hearing must be made within five (5) days of receiving the Confirmation of Hearing Notice, and requests for adjournments thereafter will only be granted in extraordinary circumstances, such as the illness of a party, witness or representative.
3The respondent’s representative sent the Tribunal a letter on May 17, 2010, which requested that the May 20 hearing date be adjourned for 60 days because he does not believe that the applicant will attend the hearing. He stated that his belief is based on the fact that she failed to return several recent voicemail messages that he left for her with respect to settling the case, and she has not disclosed any documents or a witness list.
4The respondent’s Request is denied. The respondent’s belief that the applicant will not attend the hearing is not an “extraordinary” circumstance, which justifies delaying the hearing.
5The applicant’s failure to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure on disclosure of documents and witnesses will be dealt with at the hearing in accordance with Rules 16.4 and 17.4, which prohibit a party from relying on or presenting a document that was not properly disclosed, or presenting a witness who was not properly disclosed, except with the permission of the Tribunal.
6Furthermore, if the applicant does not attend the hearing on May 20, 2010, the Tribunal may dismiss her Application as abandoned.
7The respondent’s request for an adjournment of the May 20, 2010 hearing date is denied.
Dated at Toronto, this 19th day of May, 2010.
”signed by”____________________
Ken Bhattacharjee Vice-chair