Victoria Akinretoye v. PT Healthcare Solutions and Tara Church, 2013 HRTO 1324

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Victoria Akinretoye

Applicant

-and-

PT Healthcare Solutions and Tara Church

Respondents

INTERIM DECISION

Adjudicator: Brian Cook Date: July 30, 2013 Citation: 2013 HRTO 1324 Indexed as: Akinretoye v. PT Healthcare Solutions

WRITTEN SUBMISSIONS

PT Healthcare Solutions and Tara Church, Respondents

Jane M. Gooding, Counsel

1This Interim Decision deals with a request from the respondents that the Application be dismissed as abandoned.

2It also deals with a request from the respondents that one of their witnesses be allowed to testify by telephone in the event that the Application is not dismissed.

3The Tribunal issued a Case Assessment Direction on July 15, 2013. It read in part as follows:

Rules 16 and 17 of the Tribunal’s Rules of Procedure provide that a party must deliver to every other party and file with the Tribunal a witness list, witness statements, and copies of documents the party intends to rely upon no later than 45 days prior to the hearing. In this case, that date was June 28, 2013. These obligations were noted in the Notice of Confirmation of Hearing that the Tribunal sent to the parties on February 13, 2013. The Tribunal has received these documents from the respondent but has not received any documents from the applicant.

The applicant did send a Statement of Delivery dated June 5, 2013, indicating that she had sent documents to the respondent by fax. However, the respondent has advised that it has not received any documents to be relied upon, witness lists, or witness statements from the Applicant.

The applicant is directed to immediately clarify if she intends to rely on any documents other than those that have already been filed with the Tribunal by herself and the respondent. If she does wish to rely on any additional documents she must immediately send copies of those documents to the Tribunal and the respondent’s counsel. The applicant is also directed to immediately clarify if she intends to rely on evidence from any witness apart from herself and the witnesses identified by the respondent. If so, she must immediately send a statement of the evidence she anticipates will be provided by the witness.

If the applicant does not intend to rely on any additional documents or call any additional witnesses, she should confirm this with the Tribunal and the respondent’s counsel.

If the applicant does not respond to this Case Assessment Direction by July 22, 2013 the Tribunal may determine that the applicant has abandoned the Application and it may be dismissed on that basis.

4On July 19, 2013, the applicant sent a letter to the Tribunal, copied to counsel for the respondents. She stated that she does not intend to rely on any documents other than those already filed and that she also does not intend to rely on any witnesses other than herself and the witnesses to be called by the respondents.

5Counsel for the respondents sent a submission on July 24, 2013. It asserts that the Application should be dismissed because the applicant has not filed any hearing documents or witness lists and has therefore not complied with the Tribunal’s Case Assessment Direction.

6As noted in the Case Assessment Direction, a party to an Application is not required to file any additional documents or witness statements if the party does not intend to rely on any additional documents or witnesses. The Case Assessment Direction asked the applicant to clarify if she intended to rely on any additional documents or witnesses and she has done so. She has also confirmed that she will be present at the hearing on August 15, 2013.

7The applicant has complied with the Tribunal’s Case Assessment Direction and there is no basis for the respondents’ request that the Application be dismissed as abandoned.

8In regard to the request that one of the respondents’ witnesses be permitted to provide her testimony by telephone, I find that this is a reasonable request in the circumstances of this case. The witness now lives in Saskatchewan and is no longer employed by the respondent. It appears that her evidence will be brief and limited. If it turns out that there are significant credibility issues surrounding her evidence, other steps can be taken to address those concerns.

DIRECTION

9The applicant has complied with the Tribunal’s Case Assessment Direction and there is no basis for the respondents’ request that the Application be dismissed as abandoned.

10The respondents’ request that a witness be permitted to testify by telephone is granted.