Marianne Gardner v. Tim Worthing, 2013 HRTO 1096

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marianne Gardner

Applicant

-and-

Tim Worthing

Respondent

DECISION

Adjudicator: Jo-Anne Pickel

Date: June 19, 2013

Citation: 2013 HRTO 1096

Indexed as: Gardner v. Worthing

1The applicant filed an Application on September 7, 2011 in which she alleged that the respondent discriminated against her because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The hearing of the Application was scheduled for July 11, 2013.

2By Notice of Confirmation of Hearing dated November 23, 2013, the applicant was advised that she was required to comply with the pre-hearing disclosure obligations set out in the Tribunal’s Rules of Procedure (“Rules”) by April 29, 2013. Under Rules 16 and 17 the applicant was required to deliver to the respondent 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 applicant did not deliver and file the required materials by the deadline. On June 10, 2013, the Tribunal issued a Case Assessment Direction (“CAD”) alerting the applicant to the fact that she had failed to comply with her obligations under the Tribunal’s Rules. The CAD directed the applicant to file these materials by June 17, 2013. It also indicated that, if she failed to do so, the Application might be dismissed as abandoned.

3The applicant has not complied with the Tribunal’s direction to file the required materials, 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.

4I note that the Tribunal’s June 10, 2013 CAD was couriered to the address the applicant provided on her Application. The Tribunal has no information from the applicant to indicate that her contact information has changed. I am satisfied that the applicant has had notice to comply with the Tribunal’s direction regarding her pre-hearing disclosure obligations or risk dismissal of her Application.

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