Major v. V Group Call Centre, 2014 HRTO 514

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jeremy Major

Applicant

-and-

V Group Call Centre

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: April 10, 2014

Citation: 2014 HRTO 514

Indexed as: Major v. V Group Call Centre

WRITTEN SUBMISSIONS

Jeremy Major, Applicant

Self-represented

1The purpose of this Interim Decision is to deal with the applicant’s request to adjourn the hearing.

2On October 4, 2013, the Tribunal issued a Notice of Hearing to the parties, which informed them that the hearing was scheduled for April 14 and 15, 2014. 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, such as the illness of a party, witness, or representative.

3On April 4, 2014, the applicant sent the Tribunal an email, which requested that the hearing be adjourned. He stated that he is unable to attend the hearing at this time because of certain medical conditions. He did not submit a doctor’s note in support of his request.

4On April 10, 2014, the respondent sent the Tribunal an email, which requested an update on whether the hearing would proceed as scheduled, but did not indicate whether the respondent consented to, or opposed, the applicant’s request.

5The applicant’s request to adjourn the hearing was made more than 14 days after the Notice of Hearing was issued to the parties. The Tribunal’s approach to late adjournment requests was set out in Vallentyne v. Royal Canadian Legion, 2009 HRTO 660 at para. 4:

The Tribunal is committed to the fair, just and expeditious resolution of proceedings before it. It expects to receive thousands of applications each year. The Tribunal has a responsibility to ensure that public resources are used effectively to meet the demands of all parties before the Tribunal. Therefore, when an adjournment request is made, it is not only the interests of the parties to the particular proceeding must consider, but the fact that Tribunal time reserved for the resolution of those parties’ dispute will no longer be used. For that reason, among others, the Tribunal’s Information Bulletin on Scheduling of Hearings and Mediations, Rescheduling Requests and Requests for Adjournments indicates that even adjournment requests made on consent of the parties more than five days [now 14 days] after the hearing is scheduled may be denied. The Tribunal has balanced the interests of parties in having hearings scheduled according to their and counsel’s availability with those broader interests by requiring that a party advise within five days [now 14 days] that they are unavailable, and providing that requests for adjournment will not otherwise be granted, absent exceptional circumstances.

6The applicant’s request to adjourn the hearing is granted with conditions. I am willing to accept, for the time being, that he has certain medical conditions that prevent him from attending the hearing at this time, and that this constitutes an extraordinary circumstance that justifies adjourning the hearing. However, in view of the fact that the applicant has not submitted a doctor’s note in support of his request, and given the nature of the medical conditions that he self-identifies as having, he is directed to do the following.

7Within 21 days of the date of this Interim Decision, the applicant shall file with the Tribunal and deliver to the respondent a doctor’s note, which answers the following questions:

1. Does Mr. Major have medical conditions, which affect his ability to participate in a hearing?

2. What medical conditions affect Mr. Major’s ability to participate in a hearing?

3. How do Mr. Major’s medical conditions affect his ability to participate in a hearing?

4. Are there accommodations that the Tribunal can provide, which would allow Mr. Major to participate in a hearing?

5. Will Mr. Major be able to attend a hearing in the foreseeable future?

8The Tribunal will provide further directions to the parties after receiving the doctor’s note. If the applicant does not comply with the direction set out in this Interim Decision, the Tribunal may dismiss the Application as abandoned.