HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Althea Chambers
Applicant
-and-
York Region Condominium Corporation 867 and Min Zhang
Respondents
DECISION
Adjudicator: Mary Truemner
Indexed as: Chambers v. York Region Condominium Corporation 867
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 November 5 and 6, 2014.
2On May 13, 2014, the Tribunal sent the parties a Notice of 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 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 Hearing; and by exchanging with one another and filing 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 by no later than September 22, 2014 (i.e. 45 days before the first scheduled day of hearing).
3On July 7, 2014, the applicant emailed the Tribunal to provide changes to her mailing address.
4Neither the applicant nor the respondents provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by September 22, 2014.
5Accordingly, in an October 2, 2014 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondents and the Tribunal by no later than October 10, 2014; and the respondents to provide the required materials to the applicant and the Tribunal by no later than October 17, 2014.
6In its CAD, the Tribunal warned the parties that there were serious consequences for the case if they 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 October 10, 2014, the applicant must deliver to the respondent and file with the Tribunal the documents she intends to rely upon at the hearing, a list of her witnesses and a brief statement describing what her witnesses will say when they testify. If the applicant has not complied with this direction by October 10, 2014, 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 her to confirm this in writing by October 10, 2014.
If the applicant does not communicate with the Tribunal at all by October 10, 2014, her case may be dismissed as abandoned.
7The CAD was mailed to the applicant’s new address as indicated in her July 7, 2014 email. It is now almost one week past the applicant’s deadline for complying with the Tribunal’s directions and the applicant has not filed the required materials with the Tribunal, nor has she communicated with the Tribunal.
8In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.
ORDER
9The Application is dismissed as abandoned and the November 5 and 6, 2014 hearing dates are cancelled.
Dated at Toronto, this 16th day of October, 2014.
“Signed by”
Mary Truemner
Vice-chair