Human Rights Tribunal of Ontario
B E T W E E N:
Kristopher Montgomery Applicant
-and-
Town of Bradford West Gwillimbury Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané Date: November 20, 2013 Citation: 2013 HRTO 1925 Indexed as: Montgomery v. Bradford West Gwillimbury (Town)
1This matter is scheduled for hearing on December 2, 3 and 4, 2013 in Toronto.
2On November 14, 2013, the Tribunal issued Interim Decision 2013 HRTO 1896 which confirmed the removal of the applicant’s representative, and gave the applicant the opportunity to request an adjournment of the hearing. I note that the applicant’s representative advised the Tribunal that he was no longer representing the applicant on November 12, 2013.
Request to adjourn
3On November 18, 2013, the Tribunal received submissions from the applicant in which he requests an adjournment of the hearing on the basis that he needs time to obtain a legal representative. He also notes that he has made a number of Requests for orders During Proceeding which have yet to be dealt with by the Tribunal.
4On November 19, 2013, the respondent filed submissions with the Tribunal in which it states that it wishes to have the hearing proceed expeditiously but does not take a position on the applicant’s request to adjourn.
5The Tribunal’s Practice Direction on requests to adjourn or reschedule reads as follows:
The HRTO discourages requests for adjournments outside the 14-day period to request rescheduling of a 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.
6The Tribunal has granted adjournments in cases in which parties find themselves unrepresented without sufficient notice through no fault of their own. See: Sander v. Coca-Cola Bottling Company, 2012 HRTO 1181.
7Having considered this matter, I find that there are exceptional circumstances which warrant adjourning the scheduled hearing. I find that the applicant was diligent in retaining representation and that he has expressed an intention to be represented. The applicant finds himself unrepresented because the Tribunal has removed his representative. In these circumstances, it would be unfair to compel the applicant to proceed with the hearing without a representative. The applicant’s request to adjourn is granted.
8If both parties advise by no later than Friday November 22, 2013, that they consent to attend a half-day mediation then the Tribunal will schedule a mediation on either December 2, 3 or 4, 2013. The mediation will be assigned to an adjudicator who will not hear the matter on its merits, and the parties will be required to sign a mediation agreement on that day.
Outstanding Requests for Orders
9The applicant filed a Request for an Order During Proceedings on November 11, 2013, seeking clarification and that the respondent not be permitted to rely on documents because these were filed one business day late because there was some technical difficulties. This Request for Order is denied.
10The applicant also filed a Request for an Order During Proceeding on November 7, 2013, seeking the production of various documents in the respondent’s possession. I order that the time for the respondent to respond to this Request for Order is extended to November 25, 2013.
Order
11The Tribunal orders:
a. The hearing scheduled on December 2, 3 and 4, 2013 is adjourned, and the Registrar shall canvass the parties availability for three consecutive hearing dates;
b. The Registrar shall schedule a half-day mediation on either December 2, 3 or 4, 2013 if both parties consent by no later than November 22, 2013;
c. The applicant’s November 11, 2013 Request for Order is denied;
d. The respondent must respond to the applicant’s November 7, 2013, Request for an Order by no later than November 25, 2013; and
e. The applicant must immediately advise when he has retained a new representative.
Dated at Toronto, this 20th day of November, 2013.
"Signed by"
Geneviève Debané Vice-chair