Human Rights Tribunal of Ontario
B E T W E E N:
Amanda Perreault
Applicant
-and-
Thunder Bay District Housing Corporation and Crystal Simeoni
Respondents
DECISION
Adjudicator: Kathleen Martin
Indexed as: Perreault v. Thunder Bay District Housing Corporation
1A hearing in respect of this Application is scheduled for December 15 and 16, 2014 in Thunder Bay.
2On July 16, 2014, the Tribunal issued a Notice of Hearing scheduling the above-noted hearing dates and outlining the parties’ obligations in connection with the hearing. Among other things, the Tribunal directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure by exchanging with one another their arguably relevant documents and confirming the same by filing a Statement of Delivery with the Tribunal by August 6, 2014; and by delivering to each other and filing with the Tribunal the documents they intend to rely on at the hearing, a list of their witnesses and witness statements by no later than October 31, 2014. The deadline for exchange of arguably relevant documents was subsequently extended to September 5, 2014.
3The applicant did not file the materials as required under Rules 16 and 17 in accordance with the deadlines given.
4On October 17, 2014, the respondents filed a Request for Summary Hearing along with their arguably relevant documents. While the Request for Summary Hearing states that a party may file a response the applicant did not file a response to the Request for Summary Hearing within the time frame given.
5On November 10, 2014, the respondents copied the Tribunal on an email sent to the applicant from the respondents indicating that the applicant had not complied with her deadlines.
6In a Case Assessment Direction (“CAD”) dated November 14, 2014, the Tribunal alerted the applicant to the fact that she had failed to comply with Rules 16 and 17 of the Rules and that there were serious consequences for the case if the applicant did not comply. In particular, at paras. 7 - 9 of the CAD, the Tribunal stated:
By no later than November 21, 2014, the applicant must deliver to the respondents 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 November 21, 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 his Application, it is sufficient for her to confirm this in writing by November 21, 2014.
If the applicant does not communicate with the Tribunal at all by November 21, 2014, her case may be dismissed as abandoned.
7A copy of the CAD was delivered to the applicant by regular mail and email at the addresses provided in the Application. The applicant did not comply with the directions given in the CAD nor has she communicated with the Tribunal.
8On November 24, 2014, the respondents emailed the Tribunal stating that they have not received any documentation or correspondence from the applicant as directed in the CAD. The respondents’ email was copied to the applicant.
9Having regard to the foregoing, it appears that the applicant has abandoned the Application.
10Accordingly, the Application is dismissed as abandoned and the hearing dates of December 15 and 16, 2014 are cancelled.
Dated at Toronto, this 28^th^ day of November, 2014.
“Signed by”
Kathleen Martin
Vice-chair