Human Rights Tribunal of Ontario
BETWEEN:
Vinita Palayathil Applicant
-and-
Toronto Transit Commission and Anthony Walker Respondents
DECISION
Adjudicator: Sheri D. Price Date: August 10, 2012 Citation: 2012 HRTO 1544 Indexed as: Palayathil v. Toronto Transit Commission
1This is an Application under s.34 of the Ontario Human Rights Code, R.S.O. c.H.19, as amended ("the Code"). A hearing is scheduled for September 10 and 11, 2012.
2On March 27, 2012, the Tribunal sent the parties a Notice of Confirmation of Hearing directing them to take certain steps in advance of the hearing. In particular, and among other things, the Notice of Confirmation of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal's Rules of Procedure by providing one another with copies of their arguably relevant documents within 21 days of the date of the Notice of Confirmation of Hearing; and by exchanging with one another and filing with the Tribunal the documents they intended to rely upon at the hearing, a list of their witnesses and a summary of their witnesses' anticipated evidence by no later than July 27, 2012 (i.e. 45 days before the first scheduled day of hearing).
3The applicant did not provide the respondents or the Tribunal with the materials required under Rules 16 and 17 of the Tribunal's Rules of Procedure by July 27, 2012.
4Accordingly, in a July 31, 2012 Case Assessment Direction, the Tribunal directed the applicant to provide the materials required under Rules 16 and 17 of the Tribunal's Rules of Procedure immediately, and in any event within seven (7) days, failing which the Application might be dismissed by the Tribunal as abandoned.
5The applicant's deadline for complying with the Tribunal's directions has now passed and the applicant has not delivered to the respondents or filed with the Tribunal the materials required pursuant to the Tribunal's Rules of Procedure and/or the July 31, 2012 Case Assessment Direction.
6In addition, it appears from a July 31, 2012 letter from the respondents that the applicant has failed to comply with certain directions in the Tribunal's July 20, 2012 Case Assessment Direction in this matter. That Case Assessment Direction directed the applicant to provide certain arguably relevant materials to the respondents by no later than July 27, 2012, failing which her Application might be dismissed as abandoned.
7In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.
ORDER
8The Application is dismissed as abandoned.
Dated at Toronto, this 10^th^ day of August, 2012.
"Signed by"
__________________________________
Sheri D. Price Vice-chair