** Note: This is the Board of Adjudication’s decision on a preliminary issue in Budge v Eikland, Talbot Arm Motel.
A Respondent, Mr. E, submitted an application to the Yukon Human Rights Board of Adjudication (“the Board”) to postpone the hearing. The application stated that Mr. E was not able to attend the hearing for medical reasons. A doctor’s note was provided. The Yukon Human Rights Commission (“the Commission”) opposed the application. The Commission was concerned because there had been other delays throughout the process. There was a “pattern of non-participation and non-attendance” by the Respondents. Though the Yukon Human Rights Board of Adjudication (“the Board”) shared the same concern, it decided to accept the application. Section 23 of Yukon Human Rights Act requires hearings to be conducted “in accordance with the principles of fundamental justice”. Fundamental justice includes fairness to all parties. The Board concluded that the postponement of the hearing was necessary to ensure fairness to Mr. E and to make sure he is heard. The postponement was granted with strict conditions in order to prevent further delays.