Human Rights Tribunal of Ontario
BETWEEN:
Stacy Mills Applicant
-and-
Alexandra Karmiris Pharmacy o/a Shoppers Drug Mart and Alexandra Karmiris Respondents
DECISION
Adjudicator: Jo-Anne Pickel Date: April 8, 2013 Citation: 2013 HRTO 572 Indexed as: Mills v. Alexandra Karmiris Pharmacy
1The applicant filed an Application dated April 12, 2011 in which she alleged that the respondents discriminated against her because of disability, family status, race, colour, ethnic origin, and ancestry contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The hearing of the Application was scheduled for April 11-12, 2013.
2By Notice of Hearing dated October 9, 2012, the applicant was advised that she was required to comply with the pre-hearing disclosure obligations set out in the Tribunal’s Rules of Procedure (“Rules”) by February 25, 2013. Under Rules 16 and 17 the applicant was required to deliver to the respondents and file with the Tribunal a witness list, witness statements and copies of documents that she intends to rely on no later than 45 days prior to the hearing. The applicant did not deliver and file the required materials by the deadline. On April 3, 2013, the Tribunal issued a Case Assessment Direction (“CAD”) alerting the applicant to the fact that she had failed to comply with her obligations under the Tribunal’s Rules. The CAD directed the applicant to file these materials by Friday April 5, 2013. It also indicated that, if she failed to do so, the Application might be dismissed as abandoned.
3The applicant has not complied with the Tribunal’s direction to file the required materials, 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.
4I note that the Tribunal’s April 3, 2013 CAD was couriered to the applicant’s representative at the address provided by the applicant on her Application. The Tribunal has no information from the applicant to indicate that the contact information for her representative has changed. I am satisfied that the applicant has had notice to comply with the Tribunal’s direction regarding her pre-hearing disclosure obligations or risk dismissal of her Application.
5In the circumstances, and in view of the applicant’s non-compliance with the Tribunal’s direction, the Application is hereby dismissed as abandoned.
Dated at Toronto, this 8th day of April, 2013.
”signed by”
Jo-Anne Pickel Vice-chair