Dastous v. Wentworth Condominium Corporation No. 2, 2011 HRTO 2144

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Donna Dastous

Applicant

-and-

Wentworth Condominium Corporation No. 2, J & W Management Ltd., Beverley Fasullo and William Fasullo

Respondents

Decision

Adjudicator: Maureen Doyle

Date: November 29, 2011

Citation: 2011 HRTO 2144

Indexed as: Dastous v. Wentworth Condominium Corporation No. 2

1This is an Application made under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H-19, as amended (the "Code"). The applicant has alleged discrimination in employment on the basis of family status.

2The respondents filed and delivered a Request for Summary Hearing on October 7, 2011. In an October 26, 2011 Case Assessment Direction (CAD), the Tribunal noted that the applicant had not filed a Response to the Request The Tribunal also noted that neither party had confirmed the exchange of disclosure materials, as the Tribunal's Rules of Procedure required them to do by July 20, 2011, nor had they provided the Tribunal with their documents to be relied upon at the hearing, witness lists, and a summary of each witness's evidence, as the Tribunal's Rules of Procedure required them to do by October 24, 2011.

3In these circumstances, in the CAD, the Tribunal directed the applicant to deliver to the respondents and file with the Tribunal (i) a Response to the Request for Summary Hearing and (ii) her documents she would rely upon at the hearing, her list of witnesses and witness statements, all within ten days of the CAD. The CAD noted that if the applicant failed to file these materials, the Application may be dismissed as abandoned. It also stated that the respondent's Request for Summary Hearing would be considered following the receipt of the applicant's materials. The October 26, 2011 CAD which was sent to the applicant via email was not returned to the Tribunal as undeliverable.

4Upon further review of the Application, it was noted that the applicant had indicated that her preferred method of contact was mail. Accordingly, on November 14, 2011, the Tribunal sent a Registrar's Letter to the applicant by mail, enclosing a copy of the October 26, 2011 CAD. In that correspondence, the Tribunal directed the applicant to deliver to the respondents and to file with the Tribunal the materials outlined in the October 26, 2011 CAD within 10 days of the Registrar's letter. The letter advised the applicant that if she failed to file the required materials, her "Application may be dismissed as abandoned". The November 14 2011 Registrar's letter has not been returned to the Tribunal as undeliverable.

5I am satisfied that the Applicant had notice of the requirement to comply with the Tribunal's directions regarding responding to the Request for Summary Hearing, production of documents and witness material or risk dismissal of her Application on the basis that it had been abandoned.

6The applicant has not complied with the Tribunal's directions requiring her response to the Request for Summary Hearing, production of documents, and witness material, nor has she communicated with the Tribunal to explain her inability to do so or to request an extension of the time limit stated in the CAD or in the extended time limit reflected in the Registrar's Letter.

7In the circumstances and in view of the applicant's non-compliance with the Tribunal's directions, the Application is hereby dismissed as abandoned.