Jean Nugent v. Francis H.V.A.C. Services Ltd. and Andre Gauthier, 2010 HRTO 35

Human Rights Tribunal of Ontario

B E T W E E N:

Jean Nugent

Applicant

-and-

Francis H.V.A.C. Services Ltd. and Andre Gauthier

Respondents

INTERIM DECISION

Adjudicator: Mark Hart

Date: January 11, 2010

Citation: 2010 HRTO 35

Indexed as: Nugent v. Francis H.V.A.C. Services

1This Interim Decision addresses a request by the respondents for an adjournment of the hearing in this matter currently scheduled for February 22, 2010.

2By letter dated December 14, 2009, counsel for the respondents wrote to advise that on the night of December 9, 2009, his clients’ business premises were damaged by a fire that caused extensive fire, smoke and water damage to the building. As a result, the corporate respondent has been forced to re-locate its entire business operation to an alternate site for a period of at least three months and possibly more, which is presenting a number of challenges. The respondents request an adjournment of the hearing date to another day in May or June 2010, to permit them to focus on the problems related to operating from the temporary location without having to worry about preparing for the hearing.

3The applicant was asked to advise as to his position on the adjournment request by December 29, 2009, but no communication was received from the applicant by that date.

4The Tribunal’s Information Bulletin on Scheduling of Hearings and Mediations, Rescheduling Requests and Requests for Adjournments 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.

5In my view, the occurrence of this fire is the kind of extraordinary circumstance that justifies the granting of an adjournment.

6The request for adjournment of the hearing is granted. By no later that 14 days following the date of this Interim Decision, the parties shall advise the Tribunal as to all of their availability for a hearing in this matter in May and June 2010. If no communication is received from a party by that date, the Tribunal may set a hearing date without further consultation with the parties.

7I am not seized of this matter.