Norville v. Salon 10 By Sonia, 2016 HRTO 661

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Anneka Norville

Applicant

-and-

Salon 10 By Sonia

Respondent

INTERIM DECISION

Adjudicator: Laurie Letheren

Date: May 17, 2016

Citation: 2016 HRTO 661

Indexed as: Norville v Salon 10 By Sonia

WRITTEN SUBMISSIONS

Anneka Norville, Applicant

Self-represented

Sonia Semy, Respondent

Self-represented

introduction

1This Interim Decision addresses the applicant’s request to adjourn the merits hearing of this Application which is scheduled for May 20, 2016.

2On May 12, 2016, the applicant requested that the Tribunal adjourn and reschedule the merits hearing because she has undergone emergency surgery and was unable to leave her home.

3On May 12, 2016, the Tribunal directed the applicant to provide a medical note confirming the surgery and directed the respondent to provide her position on the adjournment request.

4On May 16, 2016 the applicant provided a medical note which confirmed that she had a surgical procedure and that due to the length of her recovery period, she would not be able to attend the hearing on May 20, 2016.

5The respondent opposes the applicant’s adjournment request on the basis that she has had to hire staff to cover for her absence from her work on May 20, 2016. She states that she will need to pay them even if she does not need them to work on May 20, 2016.

Analysis and Decision

6The Tribunal’s Practice Direction on requests to adjourn or reschedule hearings makes clear that the Tribunal will only grant adjournments in exceptional circumstances. It 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.

7I find that in these circumstances, the applicant’s emergency surgery and recovery period amount to the kind of exceptional circumstance that warrants an adjournment.

8For these reasons, I grant the applicant’s adjournment request.

ORDER

9The Tribunal orders as follows:

a. The merits hearing scheduled for May 20, 2016, is adjourned. The parties will receive a Notice of Rescheduled Hearing from the Tribunal’s Registrar. The Notice will provide a date for the rescheduled hearing. If either party is not available on the date set out in the Notice, they must follow the rescheduling instructions contained in the Notice within the timeframes set out in the Notice.

b. If they have not already done so, the parties must serve on each other and file with the Tribunal a copy of all documents they intend to rely on at the hearing and a witness statement for each witness they intend to call. These must be served and filed at least 45 days prior to the new hearing date.

10I am not seized.