HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Diane Buchanan
Applicant
-and-
Intact Financial Corporation
Respondent
decision
Adjudicator: Geneviève Debané
Indexed as: Buchanan v. Intact Financial Corporation
1This is an Application filed on June 22, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), and is scheduled for hearing on February 8, 2012.
2On October 31, 2011, the Tribunal issued Interim Decision 2011 HRTO 1962 (the “Interim Decision”), which ordered the applicant to produce to the respondent a number of documents by November 25, 2011.
3On November 30, 2011, the respondent delivered and filed a Request for an Order During Proceedings (“the respondent’s Request”) because the applicant had not complied with the Order in the Interim Decision.
4On December 1, 2011, the Tribunal received a letter dated November 29, 2011, from the applicant’s representative stating that “we decided to withdraw our representation with effect November 25, 2011 due to serious lack of communication and cooperation on the part of the applicant”.
5On December 5, 2011, the Tribunal issued a Case Assessment Direction (the “December 5 2011 CAD”) which directed the applicant to respond to the respondent’s Request by December 15, 2011.
6On December 20, 2011, since the applicant had still not complied with the orders in the Interim Decision, the directions in the December 5, 2011 CAD and her obligations pursuant to Rule 16.1 to deliver to the respond all arguably relevant documents, the Tribunal issued a second Case Assessment Direction which directed her at paragraph 8:
The Tribunal directs the applicant to comply immediately with the orders and directions set out in Interim Decision, the December 2011 CAD and Rule 16.1 and must confirm in writing to the Tribunal that she has done so by December 30, 2011. Failure to do so may result in a cancellation of the hearing and dismissal of the Application as abandoned.
7As of this date the applicant has not complied with the orders and directions set out in the Tribunal’s Interim Decision, Case Assessment Directions nor has she complied with Rule 16.1.
8In the circumstances, the applicant is deemed to have abandoned the Application.
9The Application is dismissed and the scheduled hearing date is therefore cancelled.
Dated at Toronto, this 16^th^ day of January, 2012.
“Signed by”
Geneviève Debané
Vice-chair