Antoine v. St.-Josephs Continuing Care Centre, 2012 HRTO 1311

Human Rights Tribunal of Ontario

B E T W E E N:

Kim Mary Antoine Applicant

-and-

St.-Josephs Continuing Care Centre Respondent

DECISION

Adjudicator: Judith Allen Date: July 3, 2012 Citation: 2012 HRTO 1311 Indexed as: Antoine v. St.-Josephs Continuing Care Centre

INTRODUCTION

1This is an application filed pursuant to s. 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, alleging discrimination on the basis of sex and sexual orientation in employment.

2On January 6, 2012, the parties were sent a Notice of Hearing. The Notice of Hearing was sent to the applicant’s last known address by mail.

3On May 28, 2012, the Tribunal was advised by the respondent that the applicant’s mailing address was no longer valid and, accordingly, it was unable to serve its disclosure documents, witness list, etc. in accordance with the Notice of Hearing dated January 6, 2012. On May 29, 2012, the Registrar sent an email to the applicant’s last known email address, i.e., the one she used to cancel the re-scheduled Mediation on June 2, 2011. The May 29, 2012 email directed the applicant to provide her new mailing address to the respondent and the Tribunal by June 1, 2012. The applicant failed to comply with this direction or otherwise communicate with the Tribunal.

4As a result, on June 12, 2012, a Case Assessment direction (“CAD”) was forwarded to the applicant via email to her last known email address, i.e., the one provided on June 2, 2011, which notified the applicant of the following:

a) The fact that she had failed to comply with her obligations under Rules 16 and 17 to deliver to every other party and file with the Tribunal a witness list, witness statements, and copies of documents she intended to rely upon no later than 45 days prior to the hearing;

b) There were serious consequences for the case if the applicant did not comply with the obligations as set out in the Notice of Confirmation of Hearing, dated January 6, 2012 forwarded to the applicant’s last known residential address; and,

c) The applicant was directed “to immediately provide her current mailing address to the respondent and to the Tribunal and to file the materials required under Rules 16 and 17, and if the applicant has not done so within 7 days of the date of this Case Assessment Direction, the Application may be dismissed as abandoned.”

5The applicant has not responded to the June 12, 2012 Case Assessment Direction, nor has she communicated to the respondent or the Tribunal in any manner, nor has she complied with Rules 16 and 17. Accordingly, the Application is dismissed as abandoned.

6As a consequence, the hearing currently scheduled for July 9, 2012, is cancelled and the Respondent is relieved of any obligations it had under the June 12, 2012 Case Assessment Direction.