Sampson v. Johnson Controls, 2009 HRTO 1742

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tanya Sampson

Applicant

-and-

Johnson Controls Inc., Gail Murphy, Darlene Snowball and Diane Huxter-Mercer

Respondents

DECISION

Adjudicator: Kaye Joachim

Date: October 22, 2009

Citation: 2009 HRTO 1742

Indexed as: Sampson v. Johnson Controls

Reasons for Decision

1A Case Resolution Conference (“hearing”) in this matter was scheduled for October 21 and 22, 2009. In a prior Interim Decision 2009 HRTO 1684, the Tribunal declined the applicant’s request for an adjournment. The Tribunal also directed the applicant to confirm to the Tribunal that she would be in attendance at the hearing by October 19, 2009 or her Application may be considered abandoned. The applicant did not confirm her attendance and the hearing was cancelled.

2In my view, the applicant has indicated by her conduct an intention to abandon this Application. The applicant did not file a statement of additional facts and remedy by June 29, 2009 as required by the Tribunal’s Notice of Case Resolution Conference and Required Preparation, nor she seek an extension or offer an explanation for her failure to do so. She did not file the documents she intended to rely upon or a list of witnesses and their will says by October 8, 2009, as required.

3On October 12, 2009, the applicant wrote to the Tribunal seeking an extension of time for filing her materials advising that she had not had time to deal with this case as she was dealing with “other matters.” She also sought to reschedule the hearing on the basis that she is not financially capable of travelling from Newfoundland and also had medical appointments scheduled that week.

4The applicant’s failure to comply with any of the Tribunal’s Rules, her last minute request for an adjournment and her failure to confirm her intention to appear at the hearing indicate an intention to abandon this Application.

5The Application is dismissed.