Wilcox v. 214272 Ontario Limited, 2012 HRTO 1501

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Crystal Wilcox and Amber Wilcox

Applicant

-and-

214272 Ontario Limited o/a Balsam Lodge

Respondent

INTERIM DECISION

Adjudicator: Kathleen Martin

Date: August 1, 2012

Citation: 2012 HRTO 1501

Indexed as: Wilcox v. 214272 Ontario Limited

Introduction

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application is scheduled for hearing on August 13 and 14, 2012. This Interim Decision addresses a request to adjourn the hearing dates brought by the respondent on consent of the applicant.

2A copy of the Notice of Confirmation of Hearing dated January 17, 2012 (“the Notice”) was sent to the organizational respondent care of George Fahim, the contact person identified in the Response. On March 13, 2012, the Tribunal received a letter from counsel for Mr. Fahim stating that Mr. Fahim is no longer involved as a shareholder of the respondent and that as of December 1, 2011, Mr. Fahim had no involvement with the respondent.

3In three Case Assessment Directions, dated July 18, 2012, July 23, 2012 and July 24, 2012, I issued various directions to Mr. Fahim and/or the respondent regarding the respondent’s failure to file their materials required under Rules 16 and 17 and the requirement to advise of new contact information for the respondent.

4On July 27, 2012, the Tribunal received an email from counsel for the respondent requesting an adjournment on consent of the applicant. Counsel states that the respondent’s business was sold recently and the current owners and management of the respondent have no knowledge of the matters at issue in the Application. Counsel states that all correspondence relating to the Application including the Notice, recent Case Assessment Directions and the applicant’s documentary production and witness lists were sent to the home address of the previous owner, George Fahim, and that the previous owners and management took all relevant files and documentation with them without providing the new owners and management with any copies. Counsel states that he is in the process of obtaining the same from the applicant’s counsel.

5In addition, counsel states that he understands that the applicants intend to make a request to have the Tribunal add the previous owner as a personal respondent to the Application and that if that is not done, the respondent will seek an order forcing him to turn over the files, as well as have Mr. Fahim and possibly others summoned as witnesses.

6In light of all these circumstances, the respondent states that it is impossible for the respondent to prepare adequately in order to ensure a full and fair hearing.

7The applicant sent an email dated July 27, 2012 consenting to the request.

8The Tribunal’s Practice Directions and case law are clear that adjournments will be granted only in exceptional circumstances.

9Having regard to the foregoing I find that this is an exceptional circumstance. The Tribunal’s Notice of Confirmation of Hearing went to Mr. Fahim, who subsequently advised that he no longer had any involvement with the respondent from a date that preceded the Notice. Counsel for the respondent has stated that the new owners and management have no knowledge of the Application nor have they received the related material. Given the absence of notice and the proximity of the hearing dates, I do not find that it would be fair, just, or expeditious to proceed with these dates.

10In the circumstances, the request to adjourn the hearing dates of August 13 and 14, 2012, is granted. The Registrar will contact the parties to schedule alternative dates. I issue other directions below.

11I direct as follows:

i. The hearing dates of August 13 and 14, 2012 are cancelled;

ii. The deadline for the respondents to comply with their obligations under Rules 16 and 17 (including filing documents and witness statements) is extended to October 1, 2012; and

iii. If any party wishes to bring a request to add a person as a party, that request should be served on the person and filed with the Tribunal by August 31, 2012.

12My previous directions remain in effect, including the direction that the respondent provide complete and current contact information to the Registrar.