Mancebo-Munoz v. NCO Financial Services Inc., 2013 HRTO 1039

Human Rights Tribunal of Ontario

B E T W E E N:

Esther del Carmen Mancebo-Munoz Applicant

-and-

NCO Financial Services Inc. Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: June 11, 2013 Citation: 2013 HRTO 1039 Indexed as: Mancebo-Munoz v. NCO Financial Services Inc.

1The applicant filed an Application on February 22, 2012 in which she alleged that the respondent discriminated against her because of disability and reprised against her contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2On May 10, 2013, the Tribunal granted the applicant’s very late request for an adjournment of the hearing scheduled for May 13-15 (See Interim Decision dated May 17, 2013, 2013 HRTO 862). However, the Tribunal attached conditions to the adjournment. The Tribunal directed the applicant to deliver to the respondent and file with the Tribunal, by June 7, 2013, a witness list, witness statements and copies of documents that she intended to rely upon at the hearing. These materials were originally due on March 29, 2013. In the Interim Decision, the Tribunal also directed the applicant to advise the Tribunal and the respondent of the name and contact information of the legal counsel she claimed to have retained. The Tribunal advised the applicant that her Application might be dismissed as abandoned if she failed to comply with the disclosure obligations contained in the Interim Decision.

3On June 3, 2013, the applicant requested an extension of the deadlines set out in Interim Decision 2013 HRTO 862. She attached to her request a note from her physician stating that she cannot cope with the stress of legal proceedings because she has been experiencing a very prolonged episode of anxiety and depression. In Interim Decision 2013 HRTO 919, the Tribunal denied the applicant’s request to extend the deadline for her disclosure obligations.

4The applicant has not complied with the Tribunal’s direction to file the required materials. Due to the applicant’s failure to comply with the Tribunal’s deadline for disclosure, the respondent has sought that the Application be dismissed as abandoned.

5All of the Interim Decisions in this matter were delivered to the applicant by mail and e-mail. I am satisfied that the applicant has had notice of the Tribunal’s directions regarding her pre-hearing disclosure obligations and that she risked dismissal of her Application if she failed to comply with them.

6I sympathize with the applicant’s circumstances. However, by filing an Application with the Tribunal she commenced a legal proceeding and took on certain obligations as part of that proceeding.

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