A judge is tired of frivolous postponement requests

In an interlocutory decision made a few days ago by the Régie du logement, the administrative judge Marc C. Forest declared that it was time for the Tribunal to send a clear message that the requests for frivolous hearing postponements are no longer acceptable. According to the judge, who has six years of experience, unsubstantiated postponements are costly to society and "the entire judicial system is affected".

Noting in passing the examples of requests that the court may consider grounded or unsubstantiated, the commissioner imposes in this case significant constraints on tenants who requested a postponement of the hearing on the grounds that they were outside of the province.

In this case, the landlord claimed damages for eviction, while the tenants sought the termination of the lease on the date of their departure and damages.

The tenants did not appear at the hearing and sent a letter stating that they were in the Northwest Territories. While this is prima facie a well-founded motive, there is no evidence to support it, the judge said.

The Tribunal grants the remission, but to ensure that the contents of their letter are true, it orders them to bring with them proof that they were both in the Northwest Territories, as well as the proof that they had made their travel reservations before receiving notice of the hearing.

We can read in the judgment: "If the tenants have sent a letter containing falsehoods, just to delay their hearing, they will be heavily penalized because the Tribunal will not accept to hear them, as if the hearing had taken place as originally scheduled on August 21, 2018"

It should be noted that the Régie du logement is bogged down by more than 10,000 hearing-postponements each year, either requested by the parties or ordered by the Régie for administrative reasons.

Some examples of well-founded claims cited in the judgment:

• travel outside with reservations before receiving the notice of hearing;
• medical appointment impossible to reschedule;
• be bedridden at the Hospital.

Examples of unfounded claims:

• judge's choice;
• does not want to be sentenced immediately to prolong the situation;
• not ready to proceed;
• incomplete file;
• witness not available (no subpoena sent);
• wishes to file a lawsuit against his plaintiff.

Bill 401, introduced in June but died on the order paper, proposed imposing certain constraints on parties to reduce requests for postponement at the Régie du logement.