Emilyann Jacobs v. All Ontario Recycling Inc. Barrie, 2013 HRTO 1521

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Emilyann Jacobs

Applicant

-and-

All Ontario Recycling Inc. Barrie

Respondent

Decision

Adjudicator: David Muir

Date: September 11, 2013

Citation: 2013 HRTO 1521

Indexed as: Jacobs v. All Ontario Recycling Inc. Barrie

1This is an Application filed pursuant to section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2In a Case Assessment Direction issued on August 15, 2013 the applicant was alerted to the fact that she had failed to comply with her obligations under Rules 16 and 17 to 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.

3The Notice of Confirmation of Hearing summarized the requirements as follows:

Unless otherwise directed by the HRTO, not later than August 9, 2013 you must deliver to every other party and file with the HRTO:

• a list of all documents you intend to rely on at the hearing;

• a copy of each document on that list for the HRTO;

• a copy of every document on that list for each party or confirmation every document has already been provided to the other parties;

• a witness list that includes the name of every witness, including expert witnesses, you intend to present to the HRTO;

• a statement summarizing the expected evidence of each witness;

• where you intend to rely on the evidence of a proposed expert witness, a copy of the expert’s written report or a full summary of the expert’s proposed evidence and the expert’s curriculum vitae;

• the Statement of Delivery of the Rule 16.2 list and documents on the other parties.

4In C.D. v. Wal-Mart Canada Inc., 2010 HRTO 426, the Tribunal explained, at para. 7:

The exchange of documents (Rule 16) and witness statements (Rule 17) 45 days prior to the hearing is a critical part of the Tribunal’s process. It ensures that each party fully understands the other side’s case and enables the Tribunal to make Case Assessment Directions to structure the hearing. In appropriate cases, adoption of the witness statements may take the place of examination-in-chief of the witness. Witness statements should therefore be detailed and set out the particular evidence that the witness will give, rather than just general topics. A witness statement should be filed for each witness, including an applicant or individual respondent. Where the Application or Response itself makes clear the proposed testimony, the witness statement may simply confirm that the summary of facts in the Application or Response is complete and reflects the evidence that will be given by the applicant or individual respondent.

5The applicant was directed to immediately file the materials required under Rules 16 and 17, or confirm that she has no documents to file and will be her only witness. The applicant was advised that if she had not complied with these Directions within 7 days of the date of the Case Assessment Direction, the Application may be dismissed as abandoned.

6The applicant has not complied with these Directions although the time for doing so has passed. The applicant has not communicated with the Tribunal in any way for several months. In all of the circumstances it appears that the applicant has abandoned this Application and accordingly it is dismissed.