HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Patrick Grau
Applicant
-and-
Lincoln Interiors & Furniture Gallery (Niagara) Ltd. and Petra Browning
Respondents
INTERIM DECISION
Adjudicator: Jennifer Scott
Indexed as: Grau v. Lincoln Interiors & Furniture Gallery (Niagara) Ltd.
WRITTEN SUBMISSIONS
Patrick Grau, Applicant
Self-represented
Lincoln Interiors and Furniture Gallery (Niagara) Ltd., Respondents
Brent Harasym, Counsel
Introduction
1This Application is scheduled for a hearing on January 8, 2016, in St. Catharines. On December 8, 2015, the applicant requested an adjournment of the hearing because he was bedridden for approximately eight weeks and unable to file his hearing documents. The respondents oppose the adjournment request.
2The Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments states, in part:
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.
3Thus, the Tribunal will grant adjournments only in exceptional circumstances.
4The applicant has failed to establish exceptional circumstances. The hearing is scheduled for January 8, 2016. Although the applicant was ill for many weeks, there is sufficient time for him to file his documents in time for the hearing. As such, the following directions are provided.
5By no later than December 22, 2015, the applicant must deliver to the respondents and file with the Tribunal the documents he intends to rely upon at the hearing, a list of his witnesses and a brief statement describing what his witnesses will say when they testify. If the applicant does not have any documents that he is relying upon, it is sufficient for him to confirm this in writing by December 22, 2015.
6The applicant is reminded that he must also submit a witness statement for himself. However, if the applicant only intends to testify about the facts already contained in his Application, it is sufficient for him to confirm this in writing by December 22, 2015.
7If the applicant does not comply with these directions by December 22, 2015, his case may be dismissed as abandoned.
8The HRTO’s Rules of Procedure are available at www.sjto.on.ca/hrto under “Law, Rules and Policies”.
9The applicant may also benefit from reviewing the Tribunal’s “Guide to Preparing for a Hearing before the HRTO”, available at www.hrto.ca under “Guides and Forms”.
Dated at Toronto, this 11th day of December, 2015.
“Signed By”
Jennifer Scott
Vice-chair