Leona Xing v. College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario, 2014 HRTO 1495

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Leona Xing

Applicant

-and-

College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario

Respondent

DECISION

Adjudicator: Jennifer Scott Date: October 9, 2014 Citation: 2014 HRTO 1495 Indexed as: Xing v. College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario

1This Application is scheduled for a hearing on October 20 and 21, 2014 in Toronto.

2By Notice of Hearing dated April 28, 2014, the matter was set down for hearing on October 20 and 21, 2014. The Notice of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure. In particular, the Notice of Hearing directed the parties to disclose their arguably relevant documents by May 19, 2014. It directed them further to exchange with one another and file with the Tribunal a list of the documents they intended to rely upon at the hearing, copies of those documents, and a summary of their witnesses’ anticipated evidence (the “Pre-Hearing Materials”) by no later than September 5, 2014.

3The applicant did not disclose her arguably relevant documents by May 19, 2014 and did not provide her pre-hearing materials by September 5, 2014.

4In a September 30, 2014 Case Assessment Direction (the “CAD”), the Tribunal directed the applicant to deliver her pre-hearing materials by October 7, 2014. The CAD advised the applicant that if she intended to testify about the facts set out in the Application, it was sufficient for her to confirm this in writing by October 7, 2014. The CAD further advised the applicant that if she failed to comply with these directions, her Application may be dismissed as abandoned.

5The applicant did not comply with the Tribunal’s directions set out in the CAD. In fact, there has been no communication from the applicant since the issuance of the CAD.

6It appears that the applicant has abandoned this Application for the following reasons: (a) she did not file her arguably relevant documents; (b) did she did not file her pre-hearing documents; and (c) she did not comply with the Tribunal’s direction in the CAD. In the circumstances, it appears that the applicant does not intend to proceed with the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

7The Application is dismissed as abandoned, and the hearing dates of October 20 and 21, 2014, are cancelled.