Myslicki v. Shoppers Drug Mart Store Number 1366, 2014 HRTO 470

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jennifer Gallinger Myslicki

Applicant

-and-

Shoppers Drug Mart Store Number 1366, M.Ali Pharmacy Service Corp.

Respondents

DECISION

Adjudicator: Jay Sengupta

Date: April 4, 2014

Citation: 2014 HRTO 470

Indexed as: Myslicki v. Shoppers Drug Mart Store Number 1366

1The applicant filed an Application alleging discrimination contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The hearing of this Application is scheduled for April 22, 2014.

2The Notice of Confirmation of Hearing in this matter set March 10, 2014 as the date by which each party had to comply with their pre-hearing disclosure obligations under Rules 16 and 17 of the Tribunal’s Rules of Procedure.

3The respondents complied with these obligations but the applicant did not. By Case Assessment Direction (“CAD”) dated March 25, 2014, I advised the applicant that she had failed to meet her pre-hearing disclosure obligations. I directed the applicant to comply immediately with her disclosure obligations by delivering to the respondent and filing with the Tribunal a witness list, witness statements, and copies of documents she intended to rely upon at the hearing. The CAD also noted that the applicant was required to either submit a witness statement for herself if she was the only witness who would testify in support of the Application at the hearing or confirm that the summary of facts in the Application is complete and reflects the evidence that will be given by her.

4In the CAD, I advised the applicant that if she did not file these materials within seven days of the date of the CAD, the Application might be dismissed as abandoned.

5The applicant has failed to comply with the directions in the CAD. She also has not provided an explanation for her failure to comply or to request an extension of the time-limit stated in the CAD.

6I am satisfied that the Applicant had notice of the requirement to comply with the Tribunal’s directions regarding the disclosure of documents and witness material or risk dismissal of the Application as abandoned.

7In the circumstances, and in view of the applicant’s non-compliance with the Tribunal’s direction, the Application is hereby dismissed as abandoned.