Checko v. Harvest Wagon Grocers Ltd., 2013 HRTO 2065

Human Rights Tribunal of Ontario

B E T W E E N:

Renata Checko

Applicant

-and-

Harvest Wagon Grocers Ltd. and Maria Strazzeri

Respondents

DECISION

Adjudicator: Jo-Anne Pickel

Date: December 13, 2013

Citation: 2013 HRTO 2065

Indexed as: Checko v. Harvest Wagon Grocers Ltd.

Introduction

1The applicant filed an Application alleging discrimination because of age and ethnic origin contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The hearing of this Application is scheduled for January 9, 2013.

2The Notice of Confirmation of Hearing in this matter set November 25, 2013 as the date by which each party had to comply with their pre-hearing disclosure obligations under Rules 16 and 17 of the Tribunal's Rules of Procedure.

3The respondents complied with these obligations but the applicant did not. By Case Assessment Direction ("CAD") dated December 2, 2013, I advised the applicant that she had failed to meet her pre-hearing disclosure obligations. I directed the applicant to comply immediately with her disclosure obligations by delivering to the respondent and filing with the Tribunal a witness list, witness statements, and copies of documents she intended to rely upon at the hearing. I noted in the CAD that, if the applicant had no documents that she intended to rely upon at the hearing, she was required to advise the Tribunal of this in writing with a copy to the respondent. I also noted that the applicant was required to submit a witness statement for herself if she was the only witness who would testify in support of the Application at the hearing.

4In the CAD, I advised the applicant that if she did not file these materials within 7 days of the date of the CAD, the Application might be dismissed as abandoned.

5The applicant has failed to comply with the directions in the CAD. She also has not communicated with the Tribunal to provide an explanation or to request an extension of the time-limit stated in the CAD. By Request for Order During Proceedings dated December 12, 2013, the respondent requests that the Application be dismissed as abandoned.

6I am satisfied that the Applicant had notice of the requirement to comply with the Tribunal's directions regarding the disclosure of documents and witness material or risk dismissal of the Application as abandoned.

7In the circumstances, and in view of the applicant's non-compliance with the Tribunal's direction, the Application is hereby dismissed as abandoned.