HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Juliette Haynes
Applicant
-and-
Progress Place Rehabilitation Centre (Metropolitan Toronto) Inc.
Respondent
INTERIM DECISION
Adjudicator: Kaye Joachim
Indexed as: Haynes v. Progress Place Rehabilitation Centre
1A Hearing is this Application is scheduled for February 18, 2010. The hearing was scheduled by Notice from the Tribunal dated October 29, 2009 after consultation with the parties. This Interim Decision addresses the respondent’s request for an adjournment.
2The respondent wrote to the Tribunal on January 14, 2010 seeking an adjournment on the basis that in preparing for the hearing, it notes that a key witness is on vacation in British Columbia at the time of the hearing. Additionally, it noted that the applicant has not filed a statement of additional facts or documents.
3The applicant opposes the adjournment request but makes no mention of the facts or documents intended to be relied upon.
4While 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.
5The 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.
6The reasons for the Request do not constitute exceptional circumstances that would permit an adjournment. The respondent has known since October 2009 that the hearing was scheduled in February 2010, it agreed to this date, and it ought to have taken steps to ensure that witnesses would be available.
7The failure of the applicant to file a statement of additional facts or remedy can be addressed at the hearing. The respondent may file a Request for Order during Proceedings seeking to have the witness testify by telephone.
8The request for adjournment is denied.
Dated at Toronto, this 21st day of January, 2010.
“Signed by”
Kaye Joachim
Alternate Chair