Jamila Markand v. Sulakhan Singh Johal, 2012 HRTO 1802

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jamila Markand Applicant

-and-

Sulakhan Singh Johal Respondent

DECISION

Adjudicator: Jay Sengupta Date: September 20, 2012 Citation: 2012 HRTO 1802 Indexed as: Markand v. Johal

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 and alleging the applicant was subjected to sexual solicitation or advances. The matter is scheduled to be heard on October 5, 2012.

2A Case Assessment Direction ("CAD") was issued on September 6, 2012 alerting the parties to the fact that they had failed to comply with their obligations under Rules 16 and 17 of the Tribunal's Rules of Procedure in that they had failed to deliver to every other party and file with the Tribunal a witness list, witness statements, and copies of documents the party intended to rely upon no later than 45 days prior to the hearing.

3The CAD directed the applicant to immediately file the materials required under Rules 16 and 17, and indicated that if the applicant did not do so within 7 days of the date of the CAD, the Application might be dismissed as abandoned. The respondent was directed to file the materials required under Rules 16 and 17 within 7 days of receiving the applicant's documents, and if the respondent did not do so, the CAD indicated that the Tribunal might take any or all of the steps in Rule 5, including not permitting the respondent to call any witnesses at the hearing.

4The CAD has not been returned as undeliverable. The applicant has not filed any materials or contacted the Tribunal since the CAD was issued, and the time for doing so has now passed. Accordingly, the Application is dismissed as abandoned.