HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kelsey Ann Watters
Applicant
-and-
Creative Minds Childrens Services LTO Daycare
Respondent
INTERIM DECISION
Adjudicator: Jay Sengupta
Indexed as: Watters v. Creative Minds Childrens Services LTO Daycare
Introduction
1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The hearing in this matter is scheduled for July 3 and 4, 2014. The hearing dates were set by way of a Notice of Hearing, dated February 10, 2014.
2In a Request for Order During Proceedings, dated May 21, 2014, the Tribunal received a request from the respondent seeking an adjournment of the hearing dates. The reason given is to allow the respondent business to continue operating on that date with appropriate staffing numbers.
3The applicant opposes the adjournment request and has provided submissions in support of her position. For the reasons that follow, the request for adjournment is denied
Decision
4The Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments states, in part:
The HRTO discourages requests for adjournment 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 gran 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.
5The respondent business has been aware of the hearing dates since February, 2014. Its failure to ensure adequate staffing levels that would permit it to carry on business during the hearing dates at some time during the intervening four month period is not an exceptional circumstance that would justify their request for an adjournment at this stage of the proceedings.
6The parties are directed to attend the hearing on the dates already specified by the Tribunal and to be prepared to proceed with the hearing.
Dated at Toronto, this 10th day of June, 2014
“Signed by”
Jay Sengupta
Vice-chair