Kahu v. Walder & McSweeney Contracting Ltd., 2012 HRTO 2233

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sandra Ann Kahu

Applicant

-and-

Walder & McSweeney Contracting Ltd.

Respondent

DECISION

Adjudicator: Keith Brennenstuhl

Decision Date: November 30, 2012

Citation: 2012 HRTO 2233

Indexed as: Kahu v. Walder & McSweeney Contracting 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"), alleging discrimination in employment on the basis of disability as well as reprisal.

2In a November 19, 2012, Case Assessment Direction ("CAD") the Tribunal noted that the applicant had failed to comply with her obligations under Rules 16 and 17 to deliver to every other party and file with the Tribunal a witness list, witness statements and copies of documents that she intends to rely on no later than 45 days prior to the hearing. The CAD noted that if the applicant failed to file these materials within 7 days of the date of the CAD the Application may be dismissed as abandoned.

3I am satisfied that the applicant had notice by email of the requirement to comply with the Tribunal's direction regarding production of documents and witness material or risk dismissal of his application on the basis that it had been abandoned.

4The applicant has not complied with the Tribunal's direction requiring her to file the materials noted 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.

5In the circumstances and in view of the applicant's non-compliance with the Tribunal's direction, the Application is hereby dismissed as abandoned.