HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Galina Serova
Applicant
-and-
Ontario Ironworkers/Rodman Benefits Plan Administrators Corporation
Respondent
Interim DECISION
Adjudicator: Leslie Reaume
Indexed as: Serova v. Ontario Ironworkers/Rodman Benefits Plan Administrators
1This is an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondent seeks an adjournment on the basis that the instructing client is not available for the hearing on August 19, 2011 because his attendance is required at the International Ironworkers Conference in Chicago, Illinois. The respondent faxed the request to the Tribunal on July 8, 2011, confirmed that a copy of the request had been delivered to the applicant, and provided alternative dates.
2This matter was originally scheduled for May 16, 2011 by way of a Confirmation of Hearing Notice dated January 13, 2011. It was rescheduled to August 19, 2011 in accordance with the availability of the parties. The respondent provided the Tribunal with available dates by letter dated March 14, 2011. A second Confirmation of Hearing Notice dated May 9, 2011 was sent to the parties confirming the August 19, 2011 date. The respondent does not explain when the instructing client discovered the conflict between the hearing and the Chicago conference or whether he was aware of the Conference when the hearing date was set.
3The Tribunal’s Practice Directions and case law are clear that adjournments will be granted only in exceptional circumstances. The Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments reads in relevant part as follows:
The HRTO discourages requests for adjournments outside the 14-day period to request rescheduling of a mediation or hearing, described above. 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.
4In Vallentyne v. Royal Canadian Legion, 2009 HRTO 534 (“Vallentyne”) at para. 4, the Tribunal explained why, even when there is consent, an adjournment of a scheduled hearing will not be granted absent exceptional circumstances:
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. (…) 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 [now 14 days] that they are unavailable, and providing that requests for adjournment will not otherwise be granted, absent exceptional circumstances.
4The respondent has not provided sufficient information to demonstrate the kind of exceptional circumstances which would justify an adjournment.
5The adjournment is denied, and the parties must be prepared to present their evidence and argue their case at the hearing scheduled for August 19, 2011.
5I am not seized
6Dated at Toronto, this 15th day of July, 2011.
”signed by”______________
Leslie Reaume
Vice-chair