HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
René Gagné
Applicant
-and-
Algoma University, Arthur Perlini and Cheryl Reed-Elder
Respondents
INTERIM DECISION
Adjudicator: Michelle Flaherty
Date: March 18, 2011
Citation: 2011 HRTO 554
Indexed as: Gagné v. Algoma University
1This matter has been set down for hearing on March 29, 2011 in Sault Ste Marie.
2On March 9, 2011, the applicant requested an adjournment of the hearing because:
He is working in Edmonton and the cost of travel to Sault Ste Marie for a one-day hearing is prohibitive; and
He has teaching responsibilitites on March 29, 2011 and is not available to attend the hearing.
3The applicant asked that the hearing be rescheculed to a date after May 1, 2011.
4On March 10, 2011, the Tribunal denied the applicant’s request for an adjournment, with reasons to follow. The purpose of this Interim Decision is to provide the reasons for the decision denying the adjournment.
5The Tribunal’s Practice Direction on Scheduling of Hearings and Mediations encourages parties who wish to reschedule a hearing to make this request within 14 days of being advised of the date of the hearing. The Direction further provides:
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.
6In this case, the hearing was scheduled several months ago; the applicant has been aware of the date and location of the hearing since October 2010. The request for adjournment was made approximately three weeks prior to the scheduled hearing.
7The reasons advanced by the applicant do not meet the criteria for granting an adjournment at the last minute. Moreoever, I am not satisfied that there are exceptional circumstances that would justify an adjournment in this case.
Dated at Toronto this 18th day of March, 2011.
”signed by”______________
Michelle Flaherty
Vice-chair