Laura Lee v. Boris Pulec, 2014 HRTO 1769

Human Rights Tribunal of Ontario

B E T W E E N:

Laura Lee

Applicant

-and-

Boris Pulec

Respondent

DECISION

Adjudicator: Keith Brennenstuhl

Date: December 10, 2014

Citation: 2014 HRTO 1769

Indexed as: Lee v. Boris Pulec

1This is an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application is scheduled to be heard on January 5, 2015.

2On September 9, 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 November 21, 2014 (i.e. 45 days before the first scheduled day of hearing).

3The applicant has not provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by November 21, 2014.

4Accordingly, in a December 1, 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 December 8, 2014.

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 8, 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 December 8, 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 December 8, 2014.

If the applicant does not communicate with the Tribunal at all by December 8, 2014, her case may be dismissed as abandoned.

6It is now 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.

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 5, 2015 hearing date is cancelled.