HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Cecilia Airns
Applicant
-and-
Dilico Anishinabek Family Care
Respondents
DECISION
Adjudicator: Geneviève Debané
Indexed as: Airns v. Dilico Anishinabek Family Care
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination. This matter is scheduled for a three-day hearing commencing in Thunder Bay on January 27, 2014.
2On October 2, 2013, the Tribunal issued Interim Decision 2013 HRTO 1661 (the “Interim Decision”), which ordered the applicant to comply with her obligation to disclose her arguably relevant documents and to particularize the allegations made in her Application within 14 days. The Interim Decision stated that if the applicant failed to comply with these orders that the Application could be dismissed as abandoned.
3On October 22, 2013, the Tribunal issued a Case Assessment Direction (the “CAD”) which directed the applicant, within seven days, to comply with the orders in the Interim Decision and to confirm in writing that she was proceeding with the Application. The CAD stated that if the applicant failed to comply with these directions that the Application could be dismissed as abandoned.
4As of this date the applicant has not complied with the orders in the Interim Decision and the directions in the CAD, and the time for doing so has passed. The Tribunal has received no communication from the applicant since August 15, 2013.
Order
5Having reviewed this matter, I am satisfied that the applicant has abandoned the Application since the applicant has not complied with the orders in the Interim Decision and the directions in the CAD. The applicant was warned in both the Interim Decision and the CAD that a failure to respond could result in his Application being dismissed as abandoned. Further, the applicant has failed to confirm in writing that she is proceeding with the Application.
6In light of this Decision I do not need to address the Request for an Order During Proceeding filed by the respondent on October 30, 2013.
7The Application is dismissed. Accordingly, the hearing is cancelled.
Dated at Toronto, this 7th day of November, 2013.
“Signed by”
Geneviève Debané
Vice-chair