Pembleton v. Accu-Link Call Centres Inc., 2012 HRTO 763

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Justina Pembleton

Applicant

-and-

Accu-Link Call Centres Inc.

Respondent

DECisION

Adjudicator: Brian Eyolfson

Date: April 16, 2012

Indexed as: Pembleton v. Accu-Link Call Centres

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 3, 2010. A hearing in this matter is currently scheduled for April 19 and 20, 2012.

2A Notice of Confirmation of Hearing was sent to the parties on November 17, 2011. The Notice stated that the applicant and respondent 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 March 5, 2012 (as required under Tribunal Rules 16.2, 16.3, 17.1 and 17.2).

3In a March 30, 2012 Case Assessment Direction (“CAD”), the Tribunal noted that the applicant and the respondent had failed to comply with their disclosure obligations under the Tribunal’s Rules. The CAD directed the parties to file their materials immediately. The Tribunal indicated that if the applicant failed to file her materials within seven days of the date of the CAD, the Application may be dismissed as abandoned.

4The respondent complied with the direction to file its materials. To date, the applicant has not complied with the requirement to file materials.

5The CAD was sent to the applicant by mail at the address she provided in her Application, and by email. I am satisfied that the applicant had notice of the requirement to comply with the Tribunal’s direction regarding the production of documents and witness materials, or risk dismissal of the Application on the basis that it had been abandoned.

6The applicant has not complied with the Tribunal’s direction requiring the filing of materials. 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.

7In the circumstances, and in view of the applicant’s non-compliance with the Tribunal’s direction, the Application is hereby dismissed as abandoned.