Williams v. Dixie Bloor Neighbourhood Drop-In Centre, 2013 HRTO 1703

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Anissa Williams

Applicant

-and-

Dixie Bloor Neighbourhood Drop-In Centre, François Yabit, Tejinder, Pal Kaur and Lynn Petrushchak

Respondents

DECISION

Adjudicator: Maureen Doyle

Date: October 9, 2013

Citation: 2013 HRTO 1703

Indexed as: Williams v. Dixie Bloor Neighbourhood Drop-In Centre

1This is an Application filed on December 5, 2011, 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 sex.

2The respondents deny having discriminated against the applicant contrary to the Code.

3The Tribunal issued a Confirmation of Hearing on March 13, 2013, setting out the scheduled hearing dates of October 18 and 21, 2013, and setting out the time frames for the disclosure of documents as required by the Tribunal’s Rules of Procedure.

4On September 17, 2013, the Tribunal issued a Case Assessment Direction (“CAD”) in which it alerted the applicant to the fact that she had failed to comply with her obligations under Rules 16 and 17 to deliver to every other party and to file with the Tribunal a witness list, witness statements and copies of documents upon which she intended to rely, by September 3, 2013, being no later than 45 days prior to the first scheduled hearing date of October 18, 2013. It directed the applicant to file the materials immediately with the Tribunal and indicated that if she had not done so within seven days of the CAD, the Application may be dismissed as abandoned. The CAD was sent to the applicant via mail and via email, at the address and email address provided by her. It has not been returned to the Tribunal as undeliverable.

5The applicant did not file the materials required under Rules 16 and 17, nor has the Tribunal received any other communication from her since issuing the CAD.

6I am satisfied that the Applicant had notice of the requirement to comply with the Tribunal’s order for production of documentation or risk dismissal of her Application on the basis that it had been abandoned.

7The applicant has not complied with the Tribunal’s order requiring production of documentation, nor has she communicated with the Tribunal to explain her inability to do so or to request an extension of the time limit stated in the CAD.

8In the circumstances and in view of the applicant’s non-compliance with the Tribunal’s order, the Application is hereby dismissed as abandoned. The hearing dates in this matter are cancelled.