Neutral Citation: 1993 ONICDRG 8

Felix Charles and Continental Insurance

Commission File No. P-000599

ORDER

This matter was scheduled to be heard on March 2, 1993. A pre-hearing took place on January 21, 1993. Had it proceeded and a new hearing ordered, it would have started on March 8, 1993.

Shortly before the motion was to start, the Respondent, Continental Insurance and Director were advised that counsel for a witness (who would also be making submissions on behalf of the appellant) was ill and could not attend. Counsel for the respondent questioned the need for an adjournment. A telephone call was made to the appellant's counsel who confirmed his inability to attend, and his agreement the proceeding could be adjourned to March 8, 1993, the date scheduled for any new hearing if ordered.

On March 5, 1993, by telephone and subsequently by letter, the appellant's counsel requested a further adjournment due to continuing illness. Counsel for the respondent agreed to adjourn to March 23, 1993 but not beyond. In particular, the respondent wishes to have some matters of production dealt with at the same time as the motion.

The case has a long history. Further delays are unproductive and not in the best interest of either party.

So that this case be finally disposed of, or a new hearing held, the motion is adjourned to Tuesday, March 23, 1993 at 1:00 p.m, pre-emptory to the appellant/applicant. In the event a new hearing is to be held, it will commence before Arbitrator Mackintosh on Monday, March 29, 1993.

Any matters pertaining to production, if required, will be dealt with on the return of this motion.

March 8, 1993

Elisabeth Sachs

Director of Arbitrations

Date