HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Garett Bridgman
Applicant
-and-
2035534 Ontario Ltd. o/a Rivard Cleaners Ltd. and Woo Seok Seo
Respondents
INTERIM DECISION
Adjudicator: Kaye Joachim
Indexed as: Bridgman v. 2035534 Ontario
1A Case Resolution Conference (“hearing”) in this matter is scheduled for January 29, 2010 in Windsor. This Interim Decision addresses the respondents’ request for an adjournment. The parties were notified on January 25, 2010 that the request for an adjournment was denied with reasons to follow.
2On January 21, 2010, the respondents notified the Tribunal that they had obtained a lawyer. On January 25, 2010, the counsel wrote to the Tribunal seeking an adjournment stating that he had been recently retained and needed time to meet with his client. He noted that, as the personal respondent is not fluent in English, it might take additional time to prepare.
3The respondents filed a Response to the Transition Application enclosing their original response to the Ontario Human Rights Commission. Mediation was conducted on July 30, 2009 but did not resolve the Application. As part of the case management following mediation, the parties were canvassed about their availability for a hearing and dates between January 15 and 31, 2010 were agreed to by both parties. On August 28, 2009, the Tribunal confirmed the date of hearing as January 29, 2010 and set out deadlines for the exchange of statements of additional facts and remedy, disclosure of documents and the disclosure of witness statements. The respondents have not complied with any of these deadlines. The applicant has complied.
4On December 15, 2009, the Tribunal issued an Interim Decision, 2009 HRTO 2171, directing the respondents to disclose certain documents “immediately.” The documents have not been produced.
5While 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.
6The 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.
7The reasons for the Request do not constitute exceptional circumstances that would permit an adjournment. The respondents have known since August 28, 2009 that the hearing would take place on January 29, 2010. They failed to comply with Tribunal deadlines and an Interim Decision. They waited until January 2010 to retain counsel and then sought an adjournment.
8The request for adjournment is denied.
Dated at Toronto, this 26^th^ day of January, 2010.
“Signed by”
Kaye Joachim
Alternate Chair