Harrison v. 2021077 Ontario Ltd. o/a South Buxton Raceway, 2008 HRTO 355

Human Rights Tribunal of Ontario

B E T W E E N:

Elizabeth Harrison

Applicant

-and-

2021077 Ontario Ltd. o/a South Buxton Raceway, Scott Mihalco, Jeff Gotalear and Brian Presley

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: December 4, 2008

Citation: 2008 HRTO 355

Indexed as: Harrison v. 2021077 Ontario

1This is an Application filed July 2, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The purpose of this Interim Decision is to address the parties' failure respond to the Tribunal and comply with the Tribunal's processes and procedures.

2The parties were given notice of and attended a mediation conference on September 18, 2008. The mediation was unsuccessful. The Tribunal issued a Notice of Case Resolution Conference and Required Preparation to the parties. The Notice was not returned to the Tribunal as undeliverable.

3The Notice set timelines for the parties to file their additional statements of facts and remedy and make disclosure. The parties were also directed to indicate their availability for a case resolution conference between December 9 and December 19, 2008. Neither party provided this information to the Tribunal within the time set. An extension of time to provide this information was granted. When neither party responded the Tribunal issued the Notice of Case Resolution Conference on December 17, 2008. This Notice was sent to the parties' addresses for service and was not returned as undeliverable.

4The Rules Governing Section 53(3) Applications provide that 20 days prior to the Case Resolution Conference each party shall file a list of their witnesses, a copy of all documents on which they intend to rely at the case resolution conference and a statement of any additional facts on which they intend to rely at the case resolution conference (Rule 9.5). Neither party complied with this obligation or communicated with the Tribunal to explain their failure to do so.

5Each party is therefore in breach of the Tribunal's Rules. In my view, absent proper pre-hearing disclosure and production, it is not possible to conduct a fair, just or expeditious case resolution conference. The hearing scheduled for December 17, 2008 is therefore cancelled.

6A Tribunal application is a legal proceeding initiated by the applicant, and the applicant bears the initial responsibility for fulfilling the various requirements and participating in the various processes set out in the Tribunal's Rules. The applicant's failure to respond to the Tribunal's request for hearing dates, provide disclosure or to in any way attempt to contact the Tribunal suggests she has abandoned her Application. Unless the Applicant contacts the Tribunal within 10 days of the date of this decision, with an explanation for her failure to comply with the Tribunal's Rules, the Tribunal will conclude the Application is abandoned and close its file.

7I am not seized of this matter.