De Luca v. McMaster University, 2016 HRTO 1426

Human Rights Tribunal of Ontario

B E T W E E N:

Ivan De Luca

Applicant

-and-

McMaster University

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: November 2, 2016

Citation: 2016 HRTO 1426

Indexed as: De Luca v. McMaster University

WRITTEN SUBMISSIONS

Ivan De Luca, Applicant

Self-represented

McMaster University, Respondent

Christopher Burkett, Counsel

1The purpose of this Interim Decision is to deal with the applicant’s request to adjourn the hearing scheduled for November 17 and 18, 2016.

2On August 2, 2016, the Tribunal issued a Notice of Hearing to the parties, which informed them that the hearing was scheduled for November 17 and 18, 2016. 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 October 4, 2016, the applicant sent the Tribunal an email, which requested that the hearing be adjourned and rescheduled for the following reasons:

… the enormity of work with no legal counsel has been a great burden. In addition, access to professors and academic staff has been hindered due to the summer months, sabbaticals or extremely busy schedules at the beginning of the school year. I'd also like to point out that disclosures have been moved two weeks ahead and as such forces the tribunal hearing date to 30 days from final disclosure instead of the allotted 45 days.

The respondent has consented to the applicant’s adjournment request.

4The applicant’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.

5In my view, the applicant’s reasons for his adjournment request, which essentially amount to a lack of preparation for the hearing, do not constitute an extraordinary circumstance which justifies adjourning the hearing. I would also point out that, having reviewed the file, the facts and issues raised by the parties’ pleadings do not appear to be particularly complex.

6Accordingly, the applicant’s request to adjourn the hearing is denied. The hearing will proceed as scheduled on November 17 and 18, 2016.

7The Tribunal directs the parties’ attention to Rule 15A of the Tribunal’s Rules of Procedure which provides:

15A.1 With the agreement of the parties, the Tribunal member hearing an Application may act as mediator. In such circumstances, the mediator may continue to hear the matter as adjudicator.

15A.2 Where the parties agree to mediation-adjudication, they must sign a mediation-adjudication agreement before the mediation commences.

8The parties shall advise the Tribunal prior to or at the outset of the hearing if they are interested in participating in a Mediation-Adjudication.