Human Rights Tribunal of Ontario
B E T W E E N:
Karen Purdy
Applicant
-and-
MacLean Engineering & Marketing Co. Limited
Respondent
DECISION
Adjudicator: Geneviève Debané Date: September 7, 2012 Citation: 2012 HRTO 1693 Indexed as: Purdy v. MacLean Engineering & Marketing Co. Limited
Introduction
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 sex. This matter is scheduled for hearing in Toronto on September 17 and 18, 2012.
2On August 10, 2012, the Tribunal issued a Case Assessment Direction (the "August 10, 2012 CAD") which states at paragraph 5:
The Tribunal directs:
a. The applicant will confirm in writing to the Tribunal that she has delivered to the respondent all arguably relevant documents no later than August 22, 2012;
b. The applicant and the respondent will immediately deliver to the other party all documents upon which they intend to rely at the hearing ("Hearing Document List") and a copy of each document on that list, or confirmation that they do not intend to rely on any documents during the course of the hearing. The parties will also file with the Tribunal a copy of the Hearing Document List and a copy of each document on that list, or advise the Tribunal in writing that they do not intend to rely on any documents during the hearing no later than August 22, 2012;
c. The applicant and the respondent will immediately deliver to the other party a witness list (which should include the name of any applicant who intends to testify) and a detailed summary of the expected evidence (will-says) of each witness. Specific events should be described and, if possible, specific dates should be given. The witness list and the will-say statements of each witness must be filed with the Tribunal no later than August 22, 2012; and
d. The applicant will immediately confirm whether she is prepared to confine her evidence to the issues and allegations made in the Application, in which case the Application will serve as her will-say statements. The applicant must confirm with the Tribunal whether she intends to confine her evidence to the Application no later than August 22, 2012.
3Though, the respondent complied with the direction in the August 10, 2012 CAD, the applicant failed to do so.
4On August 27, 2012, the Tribunal issued a second Case Assessment Direction which states at paragraph 4:
If the applicant does not comply with the directions contained in the August 10, 2012 CAD by August 31, 2012 then the Application may be dismissed as abandoned.
5The applicant has not complied with the Directions in the Case Assessment Directions and the Tribunal has received no communication from the applicant. I am satisfied that the Case Assessment Direction was sent to the applicant via both e-mail and mail.
Order
6Having reviewed this matter, I am satisfied that the applicant has abandoned the Application since the applicant has not complied with the directions in the Case Assessment Directions. In addition, the applicant has had no communication with the Tribunal. The applicant was warned in both Case Assessment Directions that a failure to respond could result in her Application being dismissed as abandoned.
7The Application is dismissed. Accordingly, the hearing dates are cancelled.
Dated at Toronto, this 7th day of September, 2012.
"Signed by"
Geneviève Debané
Vice-chair