Martin v. Great Northern Pizza and Restaurant, 2012 HRTO 1155

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jennifer Martin

Applicant

-and-

Great Northern Pizza and Restaurant and Jean Parisien

Respondents

DECISION

Adjudicator: Brian Cook

Date: June 12, 2012

Citation: 2012 HRTO 1155

Indexed as: Martin v. Great Northern Pizza and Restaurant

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of Ancestry and Disability.

2The Application was filed on May 3, 2010. The respondents filed a Response. Both parties consented to mediation and a mediation session was held in Timmins on April 19, 2011. The matter was not settled and a hearing was scheduled for June 18 and 19, 2012.

3As the Tribunal had not heard from either party subsequent to the mediation session and as neither party had filed any documents in respect of the scheduled hearing, the Tribunal issued a Case Assessment Direction on May 28, 2012. It stated in part as follows:

Since the Tribunal has not heard from either party for over a year, the parties are directed to do the following:

a. 1. Immediately file any documents that you intend to rely on at the hearing and a witness statement setting out the anticipated evidence to be provided by any witness other than Ms. Martin and Ms. Parisien;

Or

b. 2. Confirm that you do not intend to rely on any documents other than already filed with the Application and the Response, and do not intend to call any additional witnesses.

This information must be filed with the Tribunal within seven days of the date of this Case Assessment Direction. If the applicant fails to comply with this Direction, the Application may be dismissed as abandoned. If the respondent fails to comply with this Direction, the Tribunal may take any or all of the steps set out in Rule 5 of the Tribunal’s Rules of Procedure.

4To date, the Tribunal has not heard further from either party. It appears that the Application has been abandoned. The Application is accordingly dismissed as abandoned. The hearing scheduled for June 18 and 19, 2012 is cancelled.