Fabiola Lema v. Appliance Canada, a Division of Leon’s Furniture Limited, 2013 HRTO 81

Human Rights Tribunal of Ontario

B E T W E E N:

Fabiola Lema Applicant

-and-

Appliance Canada, a Division of Leon’s Furniture Limited Respondent

DECISION

Adjudicator: Paul Aterman Date: January 16, 2013 Citation: 2013 HRTO 81 Indexed as: Lema v. Appliance Canada

Introduction

1This is an Application under s.34 of the Ontario Human Rights Code, R.S.O. c.H.19, as amended (“the Code”). A hearing is scheduled for February 7, 2013.

2On June 15, 2012, the Tribunal sent the parties a Notice of Confirmation of Hearing directing them to take certain steps in advance of the hearing. In particular, the Notice of Confirmation of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure by providing one another with copies of their arguably relevant documents within 21 days of the date of the Notice of Confirmation of Hearing. It also directed them to exchange with one another and file with the Tribunal the documents they intended to rely upon at the hearing, a list of their witnesses and a summary of their witnesses’ anticipated evidence. This was to be done by no later than December 27, 2012 (i.e. 45 days before the scheduled hearing).

3The applicant did not provide the respondents or the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by December 27, 2012.

4Accordingly, in a Case Assessment Direction dated January 3, 2013, I directed the applicant to provide the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure within seven days, failing which the Application might be dismissed by the Tribunal as abandoned.

5The applicant’s deadline for complying with the Tribunal’s directions has now passed and the applicant has not delivered to the respondents or filed with the Tribunal the materials required by both the Tribunal’s Rules of Procedure and the Case Assessment Direction.

6In the circumstances, it appears that the applicant has abandoned her Application. Accordingly, the Application is dismissed as abandoned.

ORDER

8The Application is dismissed as abandoned.