HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Peter Salituro
Applicant
-and-
The Manufacturers Life Insurance Company and Jennifer Anastasopoulos
Respondents
INTERIM DECISION
Adjudicator: David A. Wright
Indexed as: Salituro v. Manufacturers Life Insurance Company
1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. It alleges discrimination on the basis of disability in services and employment by the respondent, Manulife, in its provision of case/claims management services for Short-Term Disability benefits on behalf of Bell Canada (“Bell”). Bell is the applicant’s employer. This Interim Decision deals with three issues: the parties’ request for an adjournment, notice to Bell, and preparation for the hearing.
ADJOURNMENT
2Counsel for the applicant has written to the Tribunal on behalf of both parties seeking an adjournment of the hearing, scheduled for June 7, 2010, because “both parties are attempting to address outstanding issues at present”. They ask for the “next available hearing dates”.
3The Tribunal’s Information Bulletin: Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments reads, in part, as follows:
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 alternative dates for the rescheduling of the mediation or hearing. Alternative 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.
4In Vallentyne v. Royal Canadian Legion, 2009 HRTO 660, at para. 4, the Tribunal held:
The Tribunal is committed to the fair, just and expeditious resolution of proceedings before it. It expects to receive thousands of applications each year. The Tribunal has a responsibility to ensure that public resources are used effectively to meet the demands of all parties before the Tribunal. Therefore, when an adjournment request is made, it is not only the interests of the parties to the particular proceeding must consider, but the fact that Tribunal time reserved for the resolution of those parties’ dispute will no longer be used. For that reason, among others, the Tribunal’s Information Bulletin on Scheduling of Hearings and Mediations, Rescheduling Requests and Requests for Adjournments indicates that even adjournment requests made on consent of the parties more than five days after the hearing is scheduled may be denied. The Tribunal has balanced the interests of parties in having hearings scheduled according to their and counsel’s availability with these broader interests by requiring that a party advise within five days that they are unavailable, and providing that requests for adjournment will not otherwise be granted, absent exceptional circumstances.
5The request for adjournment cites no exceptional circumstances that justify an adjournment in accordance with the Tribunal’s policies and jurisprudence. The request for adjournment is denied.
NOTICE TO BELL CANADA
6In view of the nature of the Application, it is evident that the interests of Bell Canada, the applicant’s employer, may be affected by this Application. However, neither party has identified Bell Canada as an affected party. Accordingly, the Tribunal has no contact information for Bell.
7In the circumstances, counsel for the respondent is directed to provide Bell Canada with a copy of this Interim Decision, the Notice of Hearing, Application, Response, and disclosure within five (5) days of the date of this Interim Decision and to confirm with the Tribunal that this has been done. If Bell Canada seeks to intervene in this Application it shall file its Request to Intervene within fifteen (15) days of the date of this Interim Decision.
PREPARATION FOR THE HEARING
8The parties’ documents and witness statements pursuant to Rules 16 and 17, are due on April 23, 2010. In view of the need to deal with the request for adjournment, this date is extended by two weeks, until May 7, 2010.
9It also appears to me that there is an issue about whether this Application falls under provincial jurisdiction, as it relates to the applicant’s employment benefits in a federal work or undertaking, Bell. The parties shall be prepared to make argument on this issue at the outset of the hearing on June 7.
Dated at Toronto, this 23rd day of April, 2010.
“Signed by”
David A. Wright
Interim Chair