Eshrat Halim v. University of Ottawa and Lee-Anne Ufholz, 2013 HRTO 1561

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Eshrat Halim

Applicant

-and-

University of Ottawa and Lee-Anne Ufholz

Respondents

DECISION

Adjudicator: Paul Aterman

Date: September 17, 2013

Citation: 2013 HRTO 1561

Indexed as: Halim v. University of Ottawa

1This Application is 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 services because of disability, sex and record of offences. A hearing of the Application is scheduled to begin on October 10, 2013.

2On March 1, 2013 the Tribunal sent the parties a Notice of Confirmation of Hearing. That document explained what the parties needed to do to prepare for the hearing and it set out timelines to complete those actions.

3Because the applicant had not provided a witness list, witness statements and documentary evidence to the respondent and the Tribunal in accordance with those timelines, she was directed to do so no later than September 10, 2013. The applicant was also told that if she failed to comply, the Tribunal could dismiss her Application as abandoned. This was all set out in the Case Assessment Direction of September 3, 2013.

4The applicant has not provided any of the documents required by the Case Assessment Direction.

5On numerous occasions the applicant has sent documents to the Tribunal but not to the respondent. On at least six occasions in the past two years the Tribunal has explained to the applicant by e-mail that it will not accept documents that she provides to the Tribunal but does not also provide to the respondent. It has also provided her with publicly available information about how to prepare for a hearing and of the need to keep the Tribunal and the respondent informed about changes in her address. It appears that she is able to understand these directions because she has complied with some of them.

6However, the applicant has not complied with the direction to provide a witness list, witness statements and documentary evidence in advance of the hearing. As I have no reason to think that the applicant was unable to understand the directions sent to her on September 3, 2013, I conclude that she has abandoned her Application.

order

7The Application is dismissed as abandoned.