HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Cherry Munoz
Applicant
-and-
Kerry’s Place Autism Services and Kelly West
Respondents
DECISION
Adjudicator: David Muir
Indexed as: Munoz v. Kerry’s Place Autism Services
1In a Case Assessment Direction issued to the parties on December 17, 2012 the parties were alerted to the fact that they had failed to comply with their 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.
2The Notice of Confirmation of Hearing sent on June 6, 2012 summarized the requirements as follows:
Unless otherwise directed by the HRTO, not later than December 14, 2012 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.
3The applicant was directed to immediately file the materials required under Rules 16 and 17, and further the applicant was advised that if she had not done so within 7 days of the date of the Case Assessment Direction, the Application may be dismissed as abandoned. Directions were made to the respondents in the event that the applicant complied with these directions.
4As of this writing the applicant has not complied with the Directions made in the Case Assessment Direction of December 17, 2012. There has been no contact with the applicant for many months. The respondents wrote to the Tribunal, copied to the applicant, on January 2, 2012 requesting an update on the status of the case. The applicant has not responded to this correspondence.
5It appears that the applicant has abandoned the Application and accordingly it is dismissed.
Dated at Toronto, this 7th day of January, 2013.
“signed by”
David Muir
Vice-chair