G.E. v. York Catholic District School Board, 2014 HRTO 328

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

G.E.

Applicant

-and-

York Catholic District School Board

Respondent

INTERIM DECISION

Adjudicator: Kevin Cleghorn

Date: March 11, 2014

Citation: 2014 HRTO 328

Indexed as: G.E. v. York Catholic District School Board

1The hearing in this matter is scheduled to resume on Friday, March 7, 2014. It was to have been the third day of the hearing. This Interim Decision addresses the respondent’s request for an adjournment.

2By e-mail dated March 4, 2014, the respondent sought an adjournment of the hearing on the basis that counsel for the respondent had broken his leg and required surgery later that same week.

3On March 4, 2014, the Tribunal wrote to the parties to request the applicant’s position on the adjournment request. There has been no response from the applicant.

4The Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments states:

The HRTO discourages requests for adjournments outside the 14-day period to request rescheduling of a hearing . . . . 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.

Where a party seeks to adjourn a previously scheduled mediation or hearing, they must contact the Registrar as soon as the need arises. They must contact the other parties to seek their consent, and to discuss alternative dates for the rescheduling of the mediation or hearing.

The party making the request should contact the Registrar and provide the exceptional circumstances supporting the request and any alternative agreed upon dates. Where the request is on short notice, the party must contact the Registrar by email or fax.

5I am satisfied that this amounts to the “extraordinary circumstances” contemplated by the Practice Direction. The applicant does not oppose the adjournment, despite being notified of the request and afforded the opportunity to make submissions one way or the other.

6Accordingly, the adjournment request is granted and the hearing will proceed as scheduled on the next scheduled date, being Thursday, March 27, 2014 commencing at 9:30 a.m. Any new dates required to complete the hearing shall be canvassed with the parties on March 27, 2014.