Jing An v. Xiaoyang Liu, 2015 HRTO 928

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jing An

Applicant

-and-

Xiaoyang Liu

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: July 14, 2015

Citation: 2015 HRTO 928

Indexed as: An v. Liu

WRITTEN SUBMISSIONS

Xiaoyang Liu, Respondent

Self-represented

1The purpose of this Interim Decision is to deal with the respondent’s request to adjourn the hearing scheduled for July 31, 2015.

2On February 26, 2015, the Tribunal issued a Notice of Hearing to the parties, which informed them that the hearing was scheduled for July 31, 2015. The Notice also informed them that requests for adjournments will be dealt with in accordance with the Tribunal’s Practice Direction: Scheduling of Hearings and Mediations, Rescheduling Requests, and Request for Adjournments. The Practice Direction provides that requests to reschedule a hearing must be made within 14 days of receiving the Notice, and requests for adjournments thereafter will only be granted in extraordinary circumstances, such as the illness of a party, witness, or representative.

3On June 19, 2015, the respondent sent the Tribunal an email, which requested that the hearing be adjourned. He stated that he is working for another company which has an important audit on July 31, 2015, and he has tried, but has been unable, to reschedule the audit. He further stated that he is available to attend the hearing on any date after July 31, 2015, except between October 10 and 30, 2015.

4The applicant did not file a response to the respondent’s request to adjourn the hearing.

5The respondent’s request to adjourn the hearing was made more than 14 days after the Notice of Hearing was issued to the parties. The Tribunal’s approach to late adjournment requests was set out in Vallentyne v. Royal Canadian Legion, 2009 HRTO 660 at para. 4:

The Tribunal is committed to the fair, just and expeditious resolution of proceedings before it. It expects to receive thousands of applications each year. The Tribunal has a responsibility to ensure that public resources are used effectively to meet the demands of all parties before the Tribunal. Therefore, when an adjournment request is made, it is not only the interests of the parties to the particular proceeding must consider, but the fact that Tribunal time reserved for the resolution of those parties’ dispute will no longer be used. For that reason, among others, the Tribunal’s Information Bulletin on Scheduling of Hearings and Mediations, Rescheduling Requests and Requests for Adjournments indicates that even adjournment requests made on consent of the parties more than five days [now 14 days] after the hearing is scheduled may be denied. The Tribunal has balanced the interests of parties in having hearings scheduled according to their and counsel’s availability with those broader interests by requiring that a party advise within five days [now 14 days] that they are unavailable, and providing that requests for adjournment will not otherwise be granted, absent exceptional circumstances.

6Although the respondent’s request is somewhat vague, I am willing to give him the benefit of the doubt that he has identified extraordinary circumstances that justify adjourning the hearing. In essence, the respondent is caught between a rock and a hard place (attending the hearing and facing the adverse consequences of not attending work, or attending work and facing the adverse consequences of not attending the hearing). Accordingly, his request to adjourn the hearing scheduled for July 31, 2015 is granted. However, because of the somewhat vague nature of his request, the next hearing date shall be peremptory to the respondent, meaning that no further adjournment or rescheduling requests will be granted.

7The Tribunal directs the applicant to advise the Registrar by no later than one week from the date of this Interim Decision when she is available for a rescheduled hearing. If no communication is received from applicant, the Tribunal may set the hearing date without further consultation with her.