Human Rights Tribunal of Ontario
B E T W E E N:
Heather Stapleton
Applicant
-and-
Totem Resorts of Sioux Narrows Ltd., Wiley Point Lodge Ltd., Yellowbird Lodge Ltd. and Dustin Brown
Respondents
DECISION
Adjudicator: Brian Eyolfson
Indexed as: Stapleton v. Totem Resorts of Sioux Narrows Ltd.
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"), on December 20, 2010. A hearing in this matter is currently scheduled for November 13, 14 and 15, 2012.
2A Notice of Rescheduled Hearing was sent to the parties on July 23, 2012. The Notice stated that the parties were required to disclose and file documents to be relied upon at the hearing, witness lists and summaries of the intended testimony of witnesses, by September 28, 2012 (as required under Tribunal Rules 16.2, 16.3, 17.1 and 17.2).
3On September 28, 2012, the Tribunal received materials from the respondents for the hearing, and a confirmation from the applicant that she received the respondents' materials.
4In a Case Assessment Direction ("CAD") dated October 17, 2012, the Tribunal noted that the applicant had failed to comply with the disclosure obligations under the Tribunal's Rules. The CAD directed the applicant to file her materials immediately, or confirm in writing if she had no materials to file pursuant to Rules 16 and 17 of the Tribunal's Rules. The Tribunal indicated that if the applicant failed to comply with the Tribunal's directions within seven days of the date of the CAD, the Application may be dismissed as abandoned.
5To date, the applicant has not complied with the Tribunal's directions in its October 17, 2012 CAD.
6The CAD was sent to the applicant by mail at the address she provided in her Application, and by email at an address provided by the applicant. I am satisfied that the Applicant had notice of the requirement to comply with the Tribunal's directions regarding the production of documents and witness materials, or risk dismissal of the Application on the basis that it had been abandoned.
7The applicant has not complied with the Tribunal's directions regarding the filing of materials. In addition, the applicant has not communicated with the Tribunal to provide an explanation or to request an extension of the time limit stated in the CAD.
8In light of the applicant's non-compliance with the Tribunal's directions, the Application is hereby dismissed as abandoned.
Dated at Toronto, this 1st day of November, 2012.
"Signed by"
Brian Eyolfson
Vice-chair