Kimberlee Ann Ouwroulis v. New Locomotion and John Sit, 2009 HRTO 1282

Human Rights Tribunal of Ontario

B E T W E E N:

Kimberlee Ann Ouwroulis

Applicant

-and-

New Locomotion and John Sit

Respondents

INTERIM DECISION

Adjudicator: Michael Gottheil

Date: August 19, 2009

Citation: 2009 HRTO 1282

Indexed as: Ouwroulis v. New Locomotion

Decision

1This decision is further to the Tribunal’s decisions dated March 4, 2009 (2009 HRTO 237) and March 20, 2009 (2009 HRTO 335), and a Case Assessment Direction dated July 7, 2009.

2The July 7, 2009 Case Assessment Direction dealt with a dispute about whether certain documents the applicant was to deliver to the respondent, pursuant to a previous Tribunal order, had been produced. The Tribunal directed the applicant to file a Statement of Delivery no later than July 21, 2009. The Tribunal stated that if the applicant failed to file the Statement of Delivery as directed, the Tribunal may take other steps, including scheduling a summary hearing to deal with the respondent’s request to dismiss the Application.

3By letter dated August 10, 2009, the respondent raised concerns that the applicant had failed to file the Statement of Delivery and renewed its request for dismissal of the Application on the basis of abuse of process.

4In the circumstances, the Tribunal makes the following order:

a. No later than August 28, 2009, the respondent shall deliver to the applicant, and file with the Tribunal, submissions setting out a statement of facts and argument it relies upon in support of its request to dismiss this Application;

b. No later than September 8, 2009, the applicant shall deliver to the respondent, and file with the Tribunal, submissions setting out any of the facts and argument she relies upon in response to the respondent’s submissions.

c. No later than September 14, 2009, the respondent may provide reply submissions, which must be delivered to the applicant at the same time or before they are filed with the Tribunal.

d. The Tribunal shall hold a teleconference hearing to deal with the respondent’s request on September 18, 2009, commencing at 9:30 am.

e. Should the applicant fail to provide submissions by September 8, 2009, as directed above, and file a Statement of Delivery as required by the Rules, the application will be dismissed as abandoned.