HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
John Blanchette
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Natural Resources, Brian Morrison, Mike Kindree and Charlie Tedesco
Respondents
INTERIM DECISION
Adjudicator: David Muir
Date: August 4, 2010
Citation: 2010 HRTO 1641
Indexed as: Blanchette v. Ontario (Natural Resources)
[1] This Application was first received by the Tribunal on January 9, 2009 and completed on February 8, 2010. This interim decision deals with an adjournment request made by the applicant.
[2] The hearing date of October 26, 2010 was set on May 3, 2010 and the applicant confirmed that he was available on that date on May 13, 2010. The applicant wrote the Tribunal on July 20, 2010 to request an adjournment on the basis that he is now not available on the scheduled date because he will be working out of the province on that date. The respondents do not consent to the adjournment.
[3] The Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournment provides that requests to reschedule must be made within ten (10) days of the date of the Confirmation of Hearing and that thereafter, adjournments will be granted only in extraordinary circumstances. The Practice Direction states the following regarding requests for adjournments:
Requests for adjournments, particularly at the last minute, are a significant impediment to fair and timely access to justice. Therefore, the HRTO will only grant adjournments in extraordinary circumstances such as illness of a party, witness or representative. Absent exceptional circumstances, the HRTO will not grant adjournments, even when all parties consent.
Where a party seeks to adjourn a previously scheduled mediation or hearing, they must contact the Registrar as soon as the need arises. They must contact the other parties to seek their consent, and to discuss alternative dates for the rescheduling of the mediation or hearing.
The party making the request should contact the Registrar and provide the exceptional circumstances supporting the request and any alternative agreed upon dates. Where the request is on short notice, the party must contact the Registrar by email or fax, copied to the other parties.
[4] The reasons for this request do not constitute exceptional circumstances that would justify an adjournment. Accordingly the adjournment request is denied.
[5] I am not seized.
Dated at Toronto, this 4th day of August, 2010.
“Signed by”
David Muir
Vice-chair