Hibbert-Aiho v. Calia Nails & Spa Professional Nail Care, 2014 HRTO 303

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tanisha Hibbert-Aiho

Applicant

-and-

Calia Nails & Spa Professional Nail Care

Respondent

DECISION

Adjudicator: Mary Truemner

Date: March 7, 2014

Citation: 2014 HRTO 303

Indexed as: Hibbert-Aiho v. Calia Nails & Spa Professional Nail Care

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 21, 2014.

2On September 13, 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 February 4, 2014 (i.e. 45 days before the first scheduled day of hearing).

3Neither the applicant nor the respondent provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by February 4, 2014.

4Accordingly, in a February 20, 2014 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondent and the Tribunal by no later than March 3, 2014; and the respondent to provide the required materials to the applicant and the Tribunal by no later than March 3, 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 March 3, 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 does not communicate with the Tribunal at all by March 3, 2014, her case may be dismissed as abandoned.

6The respondent filed some documents on March 3, 2014 as directed.

7It 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.

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 March 21, 2014 hearing date is cancelled.