Human Rights Tribunal of Ontario
B E T W E E N:
Antoinette Moore Applicant
-and-
St. John’s Building Corporation Respondent
DECISION
Adjudicator: Geneviève Debané Date: November 28, 2011 Citation: 2011 HRTO 2139 Indexed as: Moore v. St. John’s Building Corporation
1These is an Application made under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), which has been scheduled for hearing in Windsor on December 1, 2011.
2The Tribunal’s Rules of Procedure require parties to disclose documents on which they intend to rely along with a witness list and witness statement not later than 45 days prior to the first scheduled day of hearing. The applicant failed to comply with this requirement.
3On November 3, 2011, the Tribunal issued a Case Assessment Direction (the “November 3 CAD”) directing the applicant to deliver and file with the Tribunal copies of all documents upon which she intends to rely at the hearing, and statements of the intended evidence of her witnesses by no later than November 14, 2011.
4The Tribunal notes that the applicant did make contact with the Tribunal on November 16, 2011, and there was some indication from the applicant during that contact that she did not intend to proceed with the Application and/or attend the hearing, and that she was inquiring about would happen if she did not appear at the hearing. This confirms that the applicant was in receipt of the November 3, 2011 CAD. The applicant did not comply with the Tribunal’s directions made to her in the November 3, 2011 CAD.
5On November 18, 2011, the Tribunal issued a second Case Assessment Direction (the “November 18 CAD”), which ordered the applicant to immediately comply with the directions contained in the November 3, 2011 CAD. Paragraph 6(a) Ordered:
a. The applicant must confirm in writing that she is proceeding with this Application no later than by the end of the day on November 25, 2011 or this Application may be dismissed as abandoned …
6The applicant has not filed with the Tribunal any documents, list of witnesses and/or witness statements, nor has she otherwise communicated with the Tribunal to confirm that she is proceeding with this Application. In the circumstances, the applicant is deemed to have abandoned the Application.
7The Application is dismissed and the scheduled hearing date is therefore cancelled.
Dated at Toronto, this 28th day of November, 2011.
“Signed by”
Geneviève Debané Vice-chair