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Human Rights Tribunal of Ontario
**B E T W E E N:**
Nathalie Carrier
Applicant
-and-
National Capital Region YMCA-YWCA
Respondent
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## INTERIM DECISION
**Adjudicator:** Douglas Sanderson
**Date:** May 6, 2014
**Citation:** 2014 HRTO 648
**Indexed as:** Carrier v. National Capital Region YMCA-YWCA
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## WRITTEN SUBMISSIONS
Nathalie Carrier, Applicant
Self-represented
National Capital Region YMCA-YWCA, Respondent
Caroline Richard, Counsel
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​[1]​ This is an Application filed under section 34 of Part IV of the [Human Rights Code](https://www.canlii.org/en/on/laws/stat/rso-1990-c-h19/latest/rso-1990-c-h19.html), R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to employment because of race, ancestry, disability, sex, gender identity, family status and reprisal. The Tribunal scheduled a preliminary hearing in this matter on May 21, 2014. The purpose of this Interim Decision is to address the applicant's request to reschedule the preliminary hearing.
​[2]​ By e-mail message dated April 16, 2014, the applicant submitted that she may be required to attend a large conference in San Francisco from May 17-22, 2014. The applicant submitted that she would therefore be out of the country at the time of the hearing. The applicant submitted that the conference would be an important professional opportunity, although it is not yet certain that she will be required to attend.
​[3]​ The respondent responded to the request in an e-mail message dated April 17, 2014. The respondent opposes the request and submitted that the applicant has not provided justification for her late request for postponement. The respondent submitted that further delay in this matter will cause it additional prejudice.
​[4]​ The Notice of Confirmation of Hearing (the "Notice"), dated March 28, 2014, informed the parties that they must act with 14 days of the Notice if they cannot attend the hearing on the date scheduled and that after that a hearing will be adjourned or rescheduled only in exceptional circumstance, even if the parties agree to an adjournment. Accordingly, the Tribunal grants adjournments sparingly regardless of the consent of the other parties. In Vallentyne v. Royal Canadian Legion, [2009 HRTO 660](https://www.minicounsel.ca/hrto/2009/660), the Tribunal stated at paragraph 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 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 these broader interests by requiring that a party advise within five days that they are unavailable, and providing that requests for adjournment will not otherwise be granted, absent exceptional circumstances.
​[5]​ The applicant has stated that she may have to be out of the country for work on the date of the preliminary hearing. Accordingly, her need to postpone the hearing is speculative and is not in my view an exceptional circumstance that would warrant postponement of the preliminary hearing.
​[6]​ The request to reschedule the preliminary hearing is denied.
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Dated at Toronto, this 6th day of May, 2014.
"Signed by"
_________________________________
Douglas Sanderson
Vice-chair
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minicounsel