Durdona Umarova v. Sara Bharrat and Bhojmati Bharrat, 2014 HRTO 248

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Durdona Umarova

Applicant

-and-

Sara Bharrat and Bhojmati Bharrat

Respondents

DECISION

Adjudicator: Mary Truemner

Date: February 21, 2014

Citation: 2014 HRTO 248

Indexed as: Umarova v. Bharrat

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 March 7, 2014.

2On September 3, 2013, 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 January 21, 2014 (i.e. 45 days before the first scheduled day of hearing).

3Neither 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 January 21, 2014.

4Accordingly, in a February 12, 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 February 20, 2014; and the respondents to provide the required materials to the applicant and the Tribunal by no later than February 20, 2014.

5In 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 February 20, 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 February 20, 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 February 20, 2014.

If the applicant does not communicate with the Tribunal at all by February 20, 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 March 7, 2014 hearing date is cancelled.