J.Y. v. Hamilton-Wentworth District School Board, 2014 HRTO 1198

Human Rights Tribunal of Ontario

B E T W E E N:

J.Y. by her litigation guardian L.Y. Applicant

-and-

Hamilton-Wentworth District School Board Respondent

DECISION

Adjudicator: Jay Sengupta Date: August 11, 2014 Citation: 2014 HRTO 1198 Indexed as: J.Y. v. Hamilton-Wentworth District School Board

Introduction

1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), scheduled to proceed to a hearing on August 25, 2014.

2The Notice of Confirmation of Hearing summarized the requirements as follows:

Unless otherwise directed by the HRTO, not later than July 11, 2014, 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.

3In C.D. v. Wal-Mart Canada Inc., 2010 HRTO 426, the Tribunal explained, at para. 7:

The exchange of documents (Rule 16) and witness statements (Rule 17) 45 days prior to the hearing is a critical part of the Tribunal's process. It ensures that each party fully understands the other side's case and enables the Tribunal to make Case Assessment Directions to structure the hearing. In appropriate cases, adoption of the witness statements may take the place of examination-in-chief of the witness. Witness statements should therefore be detailed and set out the particular evidence that the witness will give, rather than just general topics. A witness statement should be filed for each witness, including an applicant or individual respondent. Where the Application or Response itself makes clear the proposed testimony, the witness statement may simply confirm that the summary of facts in the Application or Response is complete and reflects the evidence that will be given by the applicant or individual respondent.

4A Case Assessment Direction ("CAD") was sent to the parties on July 28, 2014, alerting the applicant's litigation guardian to the fact that she had failed to comply with the obligations under Rules 16 and 17 and providing her with a further seven days to comply.

5The CAD also indicated that the Application could be dismissed as abandoned if the applicant's litigation guardian did not file the materials required under Rules 16 and 17, within the extended deadline of August 5, 2014.

6There is no indication that the applicant's litigation guardian has not received the Notice of Confirmation of Hearing and the CAD recently issued by the Tribunal. I am satisfied that the applicant's litigation guardian has received notice of the impending hearing and the CAD dated July 28, 2014.

7No witness statements or documents had been filed by the applicant by July 11, 2014, as required under the Rules, and the Tribunal has not received any materials from the applicant's litigation guardian or been contacted by her since the July 28, 2014 CAD was issued.

8Accordingly, this Application is dismissed as abandoned.