Human Rights Tribunal of Ontario
BETWEEN:
Amanda Jane Yzerman Applicant
-and-
Kerry’s Place Autism Services Respondent
Decision
Adjudicator: Daniel Randazzo Date: March 25, 2014 Citation: 2014 HRTO 422 Indexed as: Yzerman v. Kerry’s Place Autism Services
1This is an Application dated January 8, 2013, and filed under section 34 of Part IV 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.
2The hearing in this matter is scheduled for April 7, 2014.
3In the Notice of Confirmation of Hearing sent to the parties on October 18, 2013, the parties were reminded of their obligation to deliver to each other copies of all arguably relevant documents by November 8, 2013, and of their obligation to deliver the above-noted material to the other parties and file this material with the Tribunal by no later than February 21, 2014. The Applicant did not comply with her disclosure obligations as directed in the Notice of Confirmation of Hearing.
4Furthermore, on January 20, 2014, the respondent filed a Request for Order During Proceedings (“RFOP”) requesting that the matter be dismissed on the basis of abuse of process and on the basis that the matter has been abandoned. The respondent notes and relies upon the fact that the applicant had not delivered her arguably relevant documents and had not responded to several requests made by the respondent.
5On March 12, 2014, a Case Assessment Direction (“CAD”) was issued to the parties indicating that the applicant had not complied with her pre-hearing obligations under Rules 16 and 17 of the Tribunal’s Rules of Procedure.
6Pursuant to Rules 16 and 17 of the Tribunal’s Rules of Procedure, each party is required to deliver to the other parties and file with the Tribunal the following material not less than 45 days prior to the first scheduled hearing day:
a. A list of all documents upon which the party intends to rely at the hearing;
b. A copy of each document contained on the list; and
c. A list of all witnesses the party intends to call at the hearing, including a brief statement summarizing each witness’ expected evidence.
7In the CAD, I noted that the applicant had not filed with the Tribunal a list of the documents she intended to rely upon at the hearing and a copy of any such documents.
8In the CAD, I noted, for example, that the applicant may seek to rely on documents such as medical evidence and/or doctor’s notes relating to the applicant’s alleged injury; correspondence, emails, and phone records.
9I further noted in the CAD that the applicant also had not filed a list of the witnesses she intended to call at the hearing or statements summarizing their expected evidence. I indicated that if the applicant intended to testify on her own behalf at the hearing and only intended to give evidence in accordance with what is set out in her Application, then she simply needed to confirm this with the respondent and the Tribunal. If the applicant intended to give evidence regarding any other matter not set out in his Application, then I indicated that she needed to provide a summary of what any such further evidence would be.
10Finally, I indicated that, if the applicant intended to call any other witness(es) to testify at the hearing, then she needed to state this and provide a summary of their expected evidence.
11To date the applicant has not complied with her filing obligations. The applicant has not provided to the respondent a list of her arguably relevant documents and copies of those documents and the respondent and Tribunal have not received a list of the documents upon which the applicant intends to rely, or a copy of each document on that list. In addition, the applicant has not provided a list of the witnesses she intends to call or a summary of their expected evidence.
12The March 12, 2014 CAD was sent to the applicant by e-mail and regular mail to the address provided by the applicant. Neither the Notices nor the CAD have been returned as undeliverable. The CAD indicated that, if the applicant failed to serve and file these materials within the time period indicated, this Application may be dismissed as abandoned.
13An Application to this Tribunal commences a legal proceeding, and it is the applicant’s responsibility to actively engage in the legal process and to fulfil her obligations under the Rules. While I appreciate that the applicant is self-represented, the Notice of Hearing described what her pre-hearing obligations were and the dates by which they were to be fulfilled. Lest there be any doubt about the applicant’s understanding of her obligations, I issued a CAD describing these obligations and providing examples and guidance as to what she needed to do. And yet the applicant still has not complied.
14In all of these circumstances, the Application is dismissed as abandoned. The hearing scheduled for April 7, 2014, is hereby cancelled.
15Given my decision to dismiss the application as abandoned, it is not necessary to deal with the respondent’s request to dismiss the application as an abuse of process.
Dated at Toronto, this 25th of March 2014.
“Signed by”
______________________________
Daniel Randazzo
Member