2226-99-R International Union of Bricklayers and Allied Craft Union of Canada, Local 23 (now known as Brick and Allied Craft Union of Canada, Local 23), Applicant v. Professional Masonry Service, Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; December 20, 2000
1The Board received a fax communication from the responding party on December 20 seeking an adjournment of the final day of hearing, scheduled for December 22, 2000. This date was set at the last day of hearing on the consent of the two parties. The reason given for this request is “so that I may have time to correct the problem with my counsel, or to obtain alternate counsel”. The Board had received a letter from counsel for the responding party at the end of the day on December 19, 2000 indicating he was no longer acting.
2Difficulties between parties and their counsel are not reason for an adjournment. It is the responsibility of the parties to ensure that they are represented, if they choose to be, at hearings before the Board. In exceptional circumstances, where for example a conflict arises for the lawyer and he or she advises the client that the firm may no longer act, the Board would consider granting an adjournment. Generally counsel, in accordance with certain rules of professional conduct, would be under an obligation to indicate to the Board the nature, but not the specifics, of such a problem. No such facts are suggested here.
3The only basis on which the Board would be prepared to grant an adjournment would be on consent of the applicant. Counsel for the applicant is Mr. David Watson whose telephone number is 416-226-0055 and whose fax number is 416-226-0910 or 416-226-4176. The Board has provided a copy of the fax correspondence from the responding party to Mr. Watson’s office.
4If the responding party is unable to obtain the consent of the applicant the hearing will proceed to its conclusion on Friday December 22, 2000. The responding party is not required to be represented by a lawyer. That is, Mr. Willem may chose to represent his company himself. However, absent consent to an adjournment, the Board will proceed on December 22, 2000 regardless of who, if anyone, appears to represent the responding party.
“David A. McKee”
for the Board