HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Rehana Khudabaksh
Applicant
-and-
Optima Communications International Inc., Don MacLeod, Vido Setaram, John Roach, Lilianna Stelmach and Kirk Millar
Respondents
DECISION
Adjudicator: Brian Eyolfson
Indexed as: Khudabaksh v. Optima Communications International Inc.
1This is an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The Application is scheduled to be heard on January 8 and 9, 2014.
2On April 24, 2013, the Tribunal sent the parties a Notice of Rescheduled Hearing directing them to take certain steps in advance of the hearing. In particular, and among other things, the Notice of Hearing directed the parties to comply with Rule 17 of the Tribunal’s Rules of Procedure by exchanging with one another and filing with the Tribunal a list of their witnesses and a summary of their witnesses’ anticipated evidence by no later than September 20, 2013.
3The applicant did not provide the Tribunal with the materials required under Rule 17 of the Tribunal’s Rules of Procedure by the required deadline.
4Accordingly, in a Case Assessment Direction (“CAD”) dated December 23, 2013, the Tribunal directed the applicant to provide the required materials to the respondents and the Tribunal by no later than December 31, 2013.
5In its CAD, the Tribunal warned the applicant that there were serious consequences for the case if she did not comply with the Tribunal’s directions. In particular, the Tribunal’s CAD contained the following directions to the applicant:
By no later than December 31, 2013, the applicant must deliver to the respondents and file with the Tribunal a list of her witnesses and a brief statement describing what each witness will say when they testify. If the applicant has not complied with this direction by December 31, 2013, the Application may be dismissed as abandoned.
The applicant is reminded that she must also submit a witness statement for herself, assuming she intends to testify at the hearing. However, if the applicant only intends to testify about the facts already contained in her Application, it is sufficient for the applicant to confirm this in writing by December 31, 2013.
If the applicant does not communicate with the Tribunal at all by December 31, 2013, this Application may be dismissed as abandoned.
6The deadline for the applicant to comply with the Tribunal’s directions has passed, and the applicant has not filed the required materials with the Tribunal, nor has she communicated with the Tribunal as directed.
7In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.
ORDER
8The Application is dismissed as abandoned and the January 8 and 9, 2014 hearing dates are cancelled.
Dated at Toronto, this 6th day of January, 2014.
“Signed by”
Brian Eyolfson
Vice-chair