Sarit Silverberg v. Royal Lepage Real Estate Services Ltd., 2013 HRTO 1105

Human Rights Tribunal of Ontario

Between:

Sarit Silverberg Applicant

-and-

Royal Lepage Real Estate Services Ltd. Respondent

Decision

Adjudicator: Jennifer Scott Date: June 20, 2013 Citation: 2013 HRTO 1105 Indexed as: Silverberg v. Royal Lepage Real Estate Services Ltd.

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of race, ethnic origin, disability and creed.

2By Notice of Confirmation of Hearing (“Notice of Hearing”) dated February 8, 2013, the matter was set down for hearing on July 2 and 3, 2013. The Notice of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure. In particular, the Notice of Hearing directed the parties to deliver to each other and file with the Tribunal a list of arguably relevant documents by March 1, 2013. It also directed the parties to exchange with one another and file with the Tribunal the documents they intend to rely upon at the hearing, a list of their witnesses and a summary of their witnesses’ anticipated evidence (the “Pre-Hearing Materials”) by no later than May 17, 2013.

3The respondent filed its list of documents on March 1, 2013. The applicant did not file her list of documents.

4The respondent filed its Pre-Hearing Materials on May 17, 2013. The applicant did not file her Pre-Hearing Materials.

5In a June 7, 2013 Case Assessment Direction (the “CAD”), the Tribunal directed the applicant to provide her Pre-Hearing Materials immediately, and in any event, within seven (7) days of the date of the CAD (June 14, 2013). The applicant was advised if she failed to file the Pre-Hearing Materials, her Application may be dismissed as abandoned. The CAD was sent to the applicant electronically and by regular mail.

6The applicant has not complied with any of her pre-hearing obligations nor has she complied with the direction set out in the CAD. In the circumstances, it appears that the applicant does not intend to proceed with the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

7The Application is dismissed as abandoned and the hearing dates of July 2 and 3, 2013 are cancelled.