Mary O’Neill v. Canadian Mental Health Association Grand River Branch, 2014 HRTO 388

Human Rights Tribunal of Ontario

B E T W E E N:

Mary O’Neill Applicant

-and-

Canadian Mental Health Association Grand River Branch Respondent

DECISION

Adjudicator: Jennifer Scott Date: March 19, 2014 Citation: 2014 HRTO 388 Indexed as: O’Neill v. Canadian Mental Health Association Grand River Branch

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability.

2By Notice of Hearing dated September 20, 2013, the matter was set down for hearing on March 31, 2014. The Notice of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure. In particular, the Notice of Hearing directed the parties to exchange with one another and file with the Tribunal a list of the documents they intend to rely upon at the hearing and copies of those documents, and a summary of their witnesses’ anticipated evidence (the “Pre-Hearing Materials”) by no later than February 14, 2014.

3On February 11, 2014, the Tribunal was advised that the applicant’s legal counsel was no longer acting for the applicant because he was unable to obtain instructions from her.

4The respondent filed its pre-hearing documents on February 14, 2014. The applicant did not file her pre-hearing documents.

5In a March 7, 2014 Case Assessment Direction (the “CAD”), the Tribunal directed the applicant to deliver her pre-hearing documents by March 14, 2014, and if she failed to do so, her Application may be dismissed as abandoned. The CAD was sent to the applicant electronically and by regular mail. The applicant failed to comply with this direction.

6On February 28, 2014, the respondent filed a Request for Order During Proceedings (“RFOP”) seeking a dismissal of the Application because of the applicant’s failure to comply with her pre-hearing obligations.

7The applicant has not complied with the Tribunal’s direction in the CAD to file her pre-hearing documents. In the circumstances, it appears that the applicant does not intend to proceed with the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

8The Application is dismissed as abandoned and the hearing date of March 31, 2014, is cancelled.