Ochea Saunders v. Monkey See Monkey Do, 2016 HRTO 954

Human Rights Tribunal of Ontario

Between:

Ochea Saunders Applicant

-and-

Monkey See Monkey Do Respondent

Interim Decision

Adjudicator: Sheri Price Date: July 20, 2016 Citation: 2016 HRTO 954 Indexed as: Saunders v. Monkey See Monkey Do

1The hearing in this matter is scheduled for July 25 and 26, 2016 in Toronto.

2On July 19, 2016, the respondent filed a Request for an Order during Proceedings seeking an adjournment of next week’s hearing on the basis that one of its proposed witnesses is not available to testify on those dates, due to the fact that she is expecting a baby shortly.

3According to the Tribunal’s “Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments”, requests for an adjournment that are made more than 14 days after the hearing has been scheduled, as this one is, will only be granted in extraordinary circumstances.

4The inability of a single witness to attend a multi-day hearing does not constitute exceptional circumstances that justify an adjournment of the entire hearing: Damassia-Correa v. Coin Co. International PLC, 2011 HRTO 2191. Even if one of the respondent’s proposed witnesses is not available on the upcoming hearing dates, the scheduled hearing time can still be put to good use by hearing from other witnesses. If necessary, the respondent may seek an adjournment of the hearing after the Tribunal has heard from other available witnesses, although I think it is unlikely that the time allotted would permit the Tribunal to hear from the witness who cannot attend in any event.

5The respondent’s request for an adjournment is denied and the hearing will proceed as scheduled.