Natashia Groves v. Dufferin Mall Management Holdings Inc. and Marca College Hair and Esthetics, 2015 HRTO 1117

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Natashia Groves

Applicant

-and-

Dufferin Mall Management Holdings Inc. and Marca College Hair and Esthetics

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Date: August 21, 2015

Citation: 2015 HRTO 1117

Indexed as: Groves v. Marca College Hair and Esthetics

1A hearing in respect of this Application is scheduled for August 27, 2015 in Toronto.

2On August 20, 2015 the respondent, Marca College Hair and Esthetics, requested an adjournment of this hearing on the basis that its relationship with its lawyer ended that day and it was in the process of retaining new counsel.

3In the Notice of Hearing issued on April 15, 2015, the parties were advised as follows:

If you cannot attend the hearing on the date(s) scheduled, you must act within 14 days of the date of this Notice to arrange for rescheduling. After that, a hearing will be adjourned or rescheduled only in exceptional circumstances, even if both parties agree to an adjournment. Retaining a new representative who is not available or prepared to proceed on the scheduled date is normally not considered an exceptional circumstance.

4The Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments provides that requests to reschedule must be made within 14 days of receiving the Notice of Hearing and that thereafter, adjournments will be granted only in extraordinary circumstances. The Practice Direction states in part as follows:

The HRTO discourages requests for adjournments outside the 14-day period to request rescheduling of a mediation or 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 grant adjournments, even when all parties consent.

5When a party has been given adequate notice of the hearing, it is their responsibility to ensure that they are available and able to proceed on those dates. The Tribunal has specifically held that where a party retains a lawyer after a Notice of Hearing has been issued, they are expected to retain someone who is available on the scheduled hearing date. The reason set out in the respondent’s letter to the Tribunal does not constitute an exceptional circumstance that would justify an adjournment.

6For the reasons set out above, the respondent’s adjournment request is denied and the hearing will proceed as scheduled.