Sheikh v. Summitt Energy Inc., 2014 HRTO 326

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Fatima Sheikh

Applicant

-and-

Summitt Energy Inc.

Respondent

INTERIM DECISION

Adjudicator: Mary Truemner Date: March 11, 2014 Citation: 2014 HRTO 326 Indexed as: Sheikh v. Summitt Energy Inc.

WRITTEN SUBMISSIONS

Fatima Sheikh, Applicant

Catherine Harbridge, Representative

Summitt Energy Inc., Respondent

Anne-Marie Naccarato, Counsel

Introduction

1This Application alleges reprisal, poisoned environment and discrimination with respect to employment because of race, ancestry, place of origin, ethnic origin and sex contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision deals with the applicant’s request for an adjournment of the three day long hearing scheduled for May 26 - 28, 2014. This Interim Decision also provides some case management direction.

adjournment request denied

2The applicant’s request for an adjournment is made because her recently retained representative is unavailable on May 28, 2014, and because her recently retained representative would “like time to further review the file” and possibly make amendments to the Application to narrow its scope, particularly in light of the fact the parties recently settled the applicant’s wrongful dismissal claim, and, it appears, particularly with respect to allegations that the termination of the applicant’s employment was reprisal.

3The respondent opposes the request, urging that the hearing proceed on May 26 and May 27, 2014, but the respondent consents to reschedule the third day if the hearing is not concluded by the end of the second day.

4According to the Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments, requests to reschedule must be made within 14 days of receiving the Notice of Confirmation of Hearing. Outside this 14-day period, the Tribunal will only grant adjournments in extraordinary or exceptional circumstances such as illness of a party, witness or representative. The applicant’s reason for the request to adjourn is that newly retained counsel needs “time to further review the file” but, in noting that there are more than two months between now and the hearing, I see no need for the applicant to have more time before it commences to withdraw allegations pertaining to the termination of her employment if they were addressed in the settlement of the wrongful dismissal matter. Additionally, unavailability of a representative has been generally held not to be an exceptional circumstance. (See Walton v. Greenestone Clinic Muskoka Inc., 2014 HRTO 17; Mackin v. Houselink Community Homes, 2013 HRTO 541; Pazhaidam v. North York General Hospital, 2011 HRTO 1663; Davie v. PMA Brethour Real Estate, 2009 HRTO 1198; Wilson v. York (Regional Municipality), 2009 HRTO 2020). I see no reason to consider it is exceptional in this case when it is only the third day of the hearing for which the applicant’s representative is unavailable.

5In the circumstances, the applicant’s request for an adjournment is denied, except that the third day of the hearing shall be rescheduled at the conclusion of the second day if further hearing time is required.

ORDER

6The applicant’s adjournment request is denied, and the hearing shall commence on May 26, 2014.

next steps

7The Tribunal shall cancel the third day of the hearing, May 28, 2014. The Tribunal will not cancel May 26 and 27, 2014, and the applicant must be prepared with her witnesses on the first day of the hearing.

8The parties have already delivered to each other all arguably relevant documents, but they are reminded to file by April 11, 2014 their documents upon which they intend to rely at the hearing, witness lists and summaries of what witnesses will say. Given this fast approaching date, any request by the applicant to amend the Application or to withdraw allegations with respect to certain paragraphs in the Application must be filed and delivered to the opposing party within 7 days. Any request must indicate whether the respondent consents. If the respondent does not consent to any such request, the respondent must file any response within 7 days of receiving any such request.