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Rui Qiu v. United Wings Enterprise Inc. and Hui Dong Wang, 2012 HRTO 183 — HRTO | minicounsel | minicounsel

January 24, 2012

Rui Qiu v. United Wings Enterprise Inc. and Hui Dong Wang, 2012 HRTO 183

Case Summary

The respondents requested an adjournment of the scheduled hearing because their counsel, a sole practitioner, had a civil trial unexpectedly rescheduled to the same time. The applicant opposed the request. The Tribunal granted the adjournment, finding that the scheduling issues with the civil trial and the counsel's status as a sole practitioner amounted to extraordinary circumstances, and noting that the applicant had previously been granted a rescheduling request.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rui Qiu

Applicant

-and-

United Wings Enterprise Inc. and Hui Dong Wang

Respondents

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: January 24, 2012

Citation: 2012 HRTO 183

Indexed as: Qiu v. United Wings Enterprise

WRITTEN SUBMISSIONS

United Wings Enterprise Inc. and ) Jeffrey Radnoff, Counsel Hui Dong Wang, Respondents )

Rui Qiu, Applicant ) Jo-Ann Seamon, Counsel

[1] The purpose of this Interim Decision is to address the respondents’ counsel’s request for an adjournment of the hearing.

[2] On July 18, 2011, the Tribunal issued a Notice of Confirmation of Hearing to the parties, which informed them that the hearing was scheduled for January 30 and 31, 2012. The Notice also informed them that requests for adjournments will be dealt with in accordance with the Tribunal’s Practice Direction: Scheduling of Hearings and Mediations, Rescheduling Requests, and Request for Adjournments. The Practice Direction provides that requests to reschedule a hearing must be made within 14 days of receiving the Notice, and requests for adjournments thereafter will only be granted in extraordinary circumstances.

[3] On August 8, 2011, the applicant’s counsel sent the Tribunal a letter which stated that she understood that the 14-day period to reschedule the hearing had passed, but due to an “unforeseen circumstance”, she was requesting that the hearing be rescheduled. She did not identify what the “unforeseen circumstance” was and how it constituted an “extraordinary circumstance”, but the Tribunal’s Registrar exercised its discretion and granted her request.

[4] On August 18, 2011, the Tribunal issued a Notice of Confirmation of Rescheduled Hearing to the parties, which informed them that the hearing was scheduled for February 27 and 28, 2012.

[5] On January 10 and 12, 2012, the respondents’ counsel sent the Tribunal letters which requested an adjournment of the hearing because a civil trial that he is involved in was supposed to start on January 9, 2012, but was unexpectedly rescheduled to start at the end of February 2012. He stated that he cannot obtain an adjournment of the trial because it has already been adjourned several times and the court will not allow any further adjournments. He stated that these are extraordinary circumstances which are beyond his control.

[6] On January 11, 2012, the applicant’s counsel sent the Tribunal a letter which opposed the adjournment request. She stated that the hearing before this Tribunal was scheduled several months ago and should take precedence over a civil trial that was scheduled recently.

[7] In the circumstances of this case, the respondents’ counsel’s adjournment request is granted. In my view, he has identified scheduling issues with a civil trial, which, together with his status as a sole practitioner, amount to extraordinary circumstances. I am also mindful of the fact that the applicant’s counsel was granted an earlier rescheduling request.

[8] The Tribunal directs the parties to communicate with each other, and advise the Registrar by no later than two weeks from the date of this Interim Decision, as to their availability for a rescheduled two-day hearing. If no communication is received from the parties, the Tribunal may set the hearing dates without further consultation with the parties.

Dated at Toronto, this 24^th^ day of January, 2012.

”signed by”__________

Ken Bhattacharjee

Vice-chair