Jacklyn Marley v. Paul Brian Johnson and Brad Rawn, 2012 HRTO 2228

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jacklyn Marley

Applicant

-and-

Paul Brian Johnson and Brad Rawn

Respondents

DECISION

Adjudicator: David Muir

Date: November 28, 2012

Citation: 2012 HRTO 2228

Indexed as: Marley v. Johnson

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”).

2A hearing in this case was scheduled to take place on February 3, 2012. The applicant sent a letter to the Tribunal in which she disclosed a personal matter which she claimed was sensitive such that she would not disclose it to the respondents. The Tribunal cancelled the hearing and directed the parties to provide their submissions on next steps.

3The Tribunal considered the parties submissions and made the following directions in a Case Assessment Direction issued on March 2, 2012:

In light of the uncertainty about the applicant’s family situation, the Tribunal will put her matter in abeyance for a period of up to six months. The applicant should report to the Tribunal as soon as she is in a position to re-schedule the hearing.

If the applicant has not reported to the Tribunal within the six-month period her matter is in abeyance, the Tribunal may dismiss her matter as abandoned. In the event that the applicant reports she is not able to schedule a hearing at the end of the six-month period set out in this CAD, the Tribunal will determine whether it is appropriate to proceed with this matter.

4The applicant did not report to the Tribunal within the six month period contemplated by the Tribunal’s Directions above. On November 7, 2012, the Tribunal directed the applicant to provide an update on the status of this case as previously directed on March 2, 2012, on or before November 14, 2012. The Tribunal further advised that if the applicant did not respond to this Direction the Application may be dismissed as abandoned.

5The applicant did not respond to these Directions in any manner whatsoever. I find that the applicant has abandoned the Application and accordingly it is dismissed.