Tartaglia v. Amesbury Sports Club, 2015 HRTO 595

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Christine Tartaglia

Applicant

-and-

Amesbury Sports Club

Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott

Date: May 7, 2015

Citation: 2015 HRTO 595

Indexed as: Tartaglia v. Amesbury Sports Club

WRITTEN SUBMISSIONS

Amesbury Sports Club, Respondent

Frank Varacalli, Representative

Introduction

1The hearing in this matter was scheduled for May 29, 2015 by Notice of Hearing dated December 23, 2014.

2On May 4, 2015, the respondent’s representative requested an adjournment of the hearing because he was out of town on business and could not attend. He asked the Tribunal to reschedule the hearing.

analysis

3The Tribunal’s Practice Direction on Scheduling Hearings and Mediations, Rescheduling Requests and Requests for Adjournments states:

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.

4As indicated in the Tribunal’s Practice Direction, late requests to adjourn hearings are a significant impediment to fair and timely access to justice. The Tribunal has set aside one day to hear this matter. When 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 that date. The respondent’s representative has not provided the Tribunal with any other information other than he is out of town on business. This does not constitute an exceptional circumstance that would justify an adjournment. For these reasons, the respondent’s request to adjourn the hearing is denied. The hearing will proceed on May 29, 2015.

order

5The respondent’s request to adjourn the hearing is denied. The hearing will proceed on May 29, 2015.

6The parties are reminded that their hearing documents must be provided to each other and the Tribunal by May 8, 2015.