Kinga Skalak v. Service Pro Truck Lines Ltd., 2012 HRTO 2213

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kinga Skalak

Applicant

-and-

Service Pro Truck Lines Ltd.

Respondent

DECISION

Adjudicator: Mark Hart

Date: November 26, 2012

Indexed as: 2012 HRTO 2213

1This is an Application dated January 16, 2012 and 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 (pregnancy).

2On November 8, 2012, I issued a Case Assessment Direction (“CAD”) in anticipation of the hearing in this matter, which is scheduled to proceed on December 3, 2012, to address the failure of the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure.

3Pursuant to Rules 16 and 17, each party is required to deliver to the other parties and file with the Tribunal the following material not less than 45 days prior to the first scheduled hearing day:

a. A list of all documents upon which the party intends to rely at the hearing;

b. A copy of each document contained on the list; and

c. A list of all witnesses the party intends to call at the hearing, including a brief statement summarizing each witness’ expected evidence.

4In the Notice of Confirmation of Hearing sent to the parties on April 26, 2012, the parties were reminded of these obligations and were to have delivered this material to the other parties and filed this material with the Tribunal by no later than October 19, 2012.

5In my CAD, I noted that as of November 8, 2012 no party to this proceeding had complied with these obligations.

6I noted that the applicant had not filed any documents upon which she intends to rely at the hearing. I indicated that if there were any documents upon which the applicant intended to rely, then she needed to provide any such documents to the respondent and the Tribunal. For example, I noted that if the applicant has any documents relating to any efforts she has made to find alternative employment, then she should provide these to the respondent and the Tribunal.

7I also noted that the applicant had not filed a list of the witnesses she intends to call at the hearing or statements summarizing their expected evidence. I indicated that if the applicant intended to testify on her own behalf at the hearing and only intended to give evidence in accordance with what is set out in her Application, then she simply needed to confirm this with the respondent and the Tribunal. I indicated that if the applicant intended to give evidence regarding any other matter not set out in her Application, then she needed to provide a summary of what any such further evidence would be.

8I further indicated that if the applicant intended to call any other witness(es) to testify at the hearing, then she needed to state this to the respondent and the Tribunal and provide a summary of their expected evidence.

9With regard to the respondent, I noted that the applicant’s resume was filed together with the Response. I indicated that if the respondent intended to rely upon any other documentation to support its position at the hearing, then this documentation needed to be disclosed to the applicant and filed with the Tribunal. In the CAD, I provided some examples of the kinds of documents that would be relevant to the issues raised in this case. The respondent served and filed its documents on November 22, 2012 in accordance with the direction given in my CAD.

10I also noted that the respondents had not provided a list of the witnesses it intended to call to testify at the hearing and a summary of their expected evidence. This material also was served and filed by the respondent on November 22, 2012 in accordance with the direction given in my CAD.

11In the November 8, 2012 CAD, I directed that, within 14 calendar days of the date of the CAD (or by November 22, 2012), the applicant was to do the following:

a. provide to the respondent and the Tribunal a list of all witnesses, including herself, that she intends to call to give evidence at the hearing;

b. provide to the respondent and the Tribunal a summary of each witness’ expected evidence. Each statement should set out the witness’ evidence on all relevant areas to which it is proposed that they testify. For the applicant, if she is simply relying upon the information provided in the Application, this can simply be confirmed. If there are any additional areas about which she proposes to give evidence, then this needs to be stated; and

c. provide to the respondent and the Tribunal any documents or materials upon which she intends to rely at the hearing.

12In the CAD, I noted that if the applicant failed to serve and file these materials within the time period indicated, this Application may be dismissed as abandoned.

13It is now four days past the deadline set in the CAD for the applicant to comply with her pre-hearing obligations, and the Tribunal has received no communication from the applicant regarding this matter. In these circumstances, I deem this Application to have been abandoned by the applicant.

14Accordingly, this Application is hereby dismissed as abandoned and the hearing date scheduled for December 3, 2012 is cancelled.