Human Rights Tribunal of Ontario
B E T W E E N:
Parveen Tahir
Applicant
-and-
Indigo Books and Music Inc.
Respondent
DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Tahir v. Indigo Books and Music Inc.
1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant also has ongoing appeals arising out her employment before the Workplace Safety and Insurance Board (WSIB). This raises questions of whether the Tribunal should defer its proceedings pending completion of the WSIB process and/or whether s.45.1 might apply to some or all of the issues in dispute.
2Since June 4, 2013 the Tribunal has attempted to obtain information about the from the applicant’s WSIB appeals as follows:
on June 4, 2013 the Tribunal requested that the applicant provide her WSIB appeal document to the HRTO. The applicant responded by email stating her WSIB appeals had nothing to do with this Application, and provided a copy of her May 3, 2013 Intent to Object to WSIB decisions of November 6, 2012, November 20, 2012 and April 23, 2012. The Notice of Intent did not provide any information about the nature of her appeals;
On July 31, 2013 the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to file a copy of each WSIB decision which she is appealing and any further documentation regarding that appeal process within 14 days. The applicant responded by email on August 19, 2013 but did not provide the documents as directed.
The Tribunal issued a second CAD on November 20, 2013 again directing the applicant to provide a copy of any and all WSIB decisions being appealed in addition to any further documentation she has regarding her appeal process at WSIB. The CAD also advised that a summary hearing would be scheduled in this Application. There applicant did not respond to the second CAD.
The Tribunal scheduled a summary hearing for April 11, 2014. In the Notice of Summary Hearing, dated December 17, 2013, the applicant was again directed to deliver to the respondent and file with the Tribunal copies of each WSIB decision which she is appealing and any further WSIB documentation she has regarding that appeal process. The applicant failed to make the directed disclosures.
3On April 4, 2014 the Tribunal issued a third CAD which repeated the direction to the applicant to disclose the documentation respecting her WSIB appeals. The CAD warned the applicant that if she failed to make disclosure by April 9, 2014 her Application may be dismissed as abandoned.
4The applicant has not responded to the April 4, 2014 CAD and has not made the disclosures as directed. In the circumstances it appears that the applicant has abandoned her Application.
ORDER
5The Application is dismissed as abandoned. The April 11, 2014 summary hearing date is cancelled.
Dated at Toronto, this 10^th^ day of April, 2014.
“Signed By”
Dawn J. Kershaw
Vice-chair