HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Roland Lamoureux
Applicant
-and-
Grumblers Inc.
Respondent
INTERIM DECISION
Adjudicator: Paul Aterman
Indexed as: Lamoureux v. Grumblers Inc.
WRITTEN SUBMISSIONS
Roland Lamoureux, Applicant
Maija Laitinen, Counsel
Grumblers Inc., Respondent
No submissions
1This Interim Decision addresses a Request submitted by the applicant to adjourn the hearing of this Application.
2The hearing was scheduled to begin on January 23, 2013. On January 21 counsel for the applicant wrote to the Tribunal requesting an adjournment on the ground that the applicant had just been diagnosed with a medical condition that required urgent attention and would prevent him from attending the hearing. She indicated that she had tried to discuss the matter with the respondent’s representative before writing to the Tribunal, but had been unable to contact him.
3On January 21 and 22, the Tribunal’s Registrar made efforts to contact the respondent’s representative to determine the respondent’s position on the Request to adjourn. These efforts were unsuccessful.
4The Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments states the following:
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
5As is reflected in the Practice Direction and decisions of the Tribunal, illness is recognised as an extraordinary circumstance that can justify an adjournment. In this case, although I have not had the benefit of the respondent’s submissions on the adjournment Request, I am satisfied that the applicant’s illness is a valid reason to adjourn this hearing.
order
6The Request to adjourn is granted. The Registrar is requested to set a new date for hearing.
Dated at Toronto, this 23^rd^ day of January, 2013.
“Signed by”
Paul Aterman
Vice-chair