Larabee v. YWCA Sudbury, 2013 HRTO 1108

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jessica Larabee

Applicant

-and-

YWCA Sudbury

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: June 21, 2013

Citation: 2013 HRTO 1108

Indexed as: Larabee v. YWCA Sudbury

Introduction

1The hearing for this matter is scheduled for August 13-14,2013. As set out in the Notice of Confirmation of Hearing, the deadline for the disclosure of materials and witness statements required under sections 16 and 17 of the Tribunal’s Rules of Procedure (“Rules”) is June 28, 2013. This Interim Decision addresses the applicant’s failure to comply with the Tribunal’s Interim Decision, 2013 HRTO 947, dated May 29, 2013.

2In that Interim Decision, I directed the applicant to provide the respondent and the Tribunal the following particulars:

• The name and location of the coffee shop from which she called the respondent on July 8, 2011 at approximately 1:30 a.m. and the location of the pay phone in this coffee shop.

• The type of device that was used to record the conversation including the make and model.

3I also directed the applicant to produce to the respondent, and file with the Tribunal, her personal telephone records including her home phone and cell phone records (if applicable) from July 8, 2011.

4I directed the applicant to produce the above particulars and documents within 21 days of the Interim Decision – that is, June 19, 2013. The applicant has not complied with the production order and she has not contacted the Tribunal to explain her failure to do so.

ORDER

5In the above circumstances the Tribunal orders as follows:

1. Within 7 days of this Interim Decision, the applicant shall file with the Tribunal, with a copy to the respondents, the particulars and documents that the Tribunal ordered produced in Interim Decision 2013 HRTO 947.

2. If the applicant does not comply with the order in subparagraph 1 above within the time frame specified in that subparagraph, the Application may be dismissed.

3. The deadline for the parties’ disclosure of documents and witness statements required under Rules 16 and 17 of the Tribunal’s Rules is extended to July 5, 2013.