Human Rights Tribunal of Ontario
Between:
Gerda Zablockine Applicant
-and-
Cochrane Food Bank Inc. Respondent
Decision
Adjudicator: Eric Whist Date: September 25, 2012 Citation: 2012 HRTO 1831 Indexed as: Zablochine v. Cochrane Food Bank Inc.
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 in employment on the basis of disability.
2The Tribunal issued a Case Assessment Direction (“CAD”) on September 12, 2012 alerting the applicant to the fact that she had failed to comply with her obligations under Rules 16 and 17 of the Tribunal’s Rules of Procedure. Under Rules 16 and 17 the applicant was required to deliver to the respondent and file with the Tribunal a witness list, witness statements and copies of documents that she intends to rely for her hearing no later than 45 days prior to the hearing.
3The CAD directed the applicant to file these materials within seven days of the date of the CAD and indicated that otherwise the Application may be dismissed as abandoned.
4The date for complying with the requirements of CAD has now passed. The applicant has not complied with the Tribunal’s direction to file the required materials nor has she communicated with the Tribunal to explain her inability to do so or to request an extension of the time limit stated in the CAD.
5I note that the Tribunal’s September 12, 2012 CAD was mailed to the applicant at the address provided by the applicant on her Application. The Tribunal has no information from the applicant to indicate that she has changed addresses.
6I am satisfied that the applicant has had notice to comply with the Tribunal’s direction regarding the production of documents and witness material or risk dismissal of her Application.
7In the circumstances and in view of the applicant’s non-compliance with the Tribunal’s direction, the Application is hereby dismissed as abandoned.
Dated at Toronto, this 25th day of September, 2012.
”Signed by”_________
Eric Whist Vice-chair