Donald Nadeau v. Algoma District School Board, 2015 HRTO 1565

Human Rights Tribunal of Ontario

B E T W E E N:

Donald Nadeau

Applicant

-and-

Algoma District School Board

Respondent

INTERIM DECISION

Adjudicator: Sheri Price Date: November 19, 2015 Citation: 2015 HRTO 1565 Indexed as: Nadeau v. Algoma District School Board

1This is an Application under s.34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), in which the applicant alleges that the respondent infringed his rights under the Code. The Application is scheduled to be heard in Sault Ste. Marie on January 12 and 13, 2016.

2This decision addresses the respondent’s November 6, 2015 request that the second day of hearing be adjourned at 1:00 p.m. or rescheduled altogether in order to allow respondent counsel to travel back to Toronto in time to teach an evening class at a university. The respondent’s counsel indicates that he only recently learned about the conflict between his class and the second day of hearing, because the class was not scheduled by the university until a short time ago.

3The respondent indicates that it would be available to start early on the second day of hearing, January 13, 2016, to make up some of the hearing time lost as a result of an early stopping time.

4The respondent’s counsel indicates that he sought the applicant’s consent to his rescheduling request in October 2015, but did not receive a response to his request.

5On November 12, 2015, the Tribunal sought the applicant’s submissions on the respondent’s request. However, the applicant has not replied and the time for doing so has now passed.

6In the circumstances of this case, including the lack of any opposition by the applicant, I find that it is appropriate to grant the respondent’s request to adjourn the January 13, 2016 hearing date at 1:00 p.m. To make up for some of the lost time, the Tribunal will convene the January 13, 2016 hearing at 9:00 a.m., provided that the applicant is available to start early on that date. (This will be canvassed with the applicant on January 12, 2016.)

7In the normal course, the January 13, 2016 hearing day would commence at 10:00 a.m. and last until approximately 4:30 p.m., with an hour-long break for lunch. Commencing the hearing at 9:00 a.m. and breaking for the day at 1:00 p.m. will have a minimal impact on the overall amount of hearing time and is a reasonable accommodation of the respondent’s unforeseen scheduling conflict.

MEDIATION-ADJUDICATION

8At the commencement of the hearing on January 12, 2016, I wish to give the parties an opportunity to participate in mediation/adjudication.

9Pursuant to the Tribunal’s mediation/adjudication process, the Vice-chair assigned to adjudicate the case may, with the parties’ consent, step into the role of mediator to assist the parties in exploring whether the case can be settled on mutually agreeable terms. In the event that the case is not settled through mediation, the hearing proceeds before the adjudicator originally assigned to hear the case, who bases his or her decision solely on the evidence and arguments presented during the hearing and not on anything said during mediation. Mediation/adjudication is a voluntary process.

10A copy of the Tribunal’s Mediation/Adjudication Agreement is available online at http://www.sjto.gov.on.ca/hrto/. The parties may also wish to review Rule 15A of the Tribunal’s Rules of Procedure, which deals with mediation/adjudication. The Rules of Procedure are also available online.

Directions

11The January 12, 2016 hearing will commence as scheduled at 10:00 a.m. and last until approximately 5:00 p.m., although the Tribunal will likely be available to sit later on that date, if mutually convenient for the parties.

12The January 13, 2016 hearing will commence at 9:00 a.m. (subject to the applicant’s availability) and run until 1:00 p.m., at which time the hearing will be adjourned for the day.

13In keeping with the Tribunal’s general practice, if additional hearing dates are needed following the January 13, 2016 date, they will be scheduled in consultation with the parties.