Human Rights Tribunal of Ontario
B E T W E E N:
Shirley Blair Applicant
-and-
Cedar Heights Residential Living Respondent
DECISION
Adjudicator: David Muir Date: December 13, 2012 Citation: 2012 HRTO 2343 Indexed as: Blair v. Cedar Heights Residential Living
1This is an Application filed 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 disability.
2In a Case Assessment Direction issued on November 28, 2012, the parties were alerted to the fact that they had failed to comply with the 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 the party intends to rely upon no later than 45 days prior to the hearing. The applicant was also directed in a Case Assessment Direction issued on October 9, 2012 to deliver and file with the other disclosure required of her a detailed list of the remedies she is seeking.
3The Notice of Confirmation of Hearing summarized the requirements as follows:
Unless otherwise directed by the HRTO, not later than November 26, 2012 you must deliver to every other party and file with the HRTO:
a list of all documents you intend to rely on at the hearing;
a copy of each document on that list for the HRTO;
a copy of every document on that list for each party or confirmation every document has already been provided to the other parties;
a witness list that includes the name of every witness, including expert witnesses, you intend to present to the HRTO;
a statement summarizing the expected evidence of each witness;
where you intend to rely on the evidence of a proposed expert witness, a copy of the expert’s written report or a full summary of the expert’s proposed evidence and the expert’s curriculum vitae;
the Statement of Delivery of the Rule 16.2 list and documents on the other parties.
4In C.D. v. Wal-Mart Canada, 2010 HRTO 426, the Tribunal explained, at para. 7:
The exchange of documents (Rule 16) and witness statements (Rule 17) 45 days prior to the hearing is a critical part of the Tribunal’s process. It ensures that each party fully understands the other side’s case and enables the Tribunal to make Case Assessment Directions to structure the hearing. In appropriate cases, adoption of the witness statements may take the place of examination-in-chief of the witness. Witness statements should therefore be detailed and set out the particular evidence that the witness will give, rather than just general topics. A witness statement should be filed for each witness, including an applicant or individual respondent. Where the Application or Response itself makes clear the proposed testimony, the witness statement may simply confirm that the summary of facts in the Application or Response is complete and reflects the evidence that will be given by the applicant or individual respondent.
5The applicant was directed to immediately file the materials required under Rules 16 and 17 and the Case Assessment Direction above. The applicant was further advised that if she did not do so within 7 days of the date of this Case Assessment Direction, the Application may be dismissed as abandoned. Directions were also made to the respondent dependent upon the applicant delivering and filing her materials.
6Since the Directions above were made, the applicant has not complied with the requirements of the Tribunal’s Rules of Procedure or its Directions and has made no attempt to contact the Tribunal. The applicant appears to have abandoned this Application and it is accordingly dismissed.
Dated at Toronto, this 13th day of December, 2012.
“Signed by”
__________________________________
David Muir
Vice-chair