Robinson v. Brightstar Medical Methadone Clinic, 2014 HRTO 912

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tanya Robinson

Applicant

-and-

Brightstar Medical Methadone Clinic and Sara Enders

Respondents

DECISION

Adjudicator: Brian Eyolfson

Date: June 20, 2014

Citation: 2014 HRTO 912

Indexed as: Robinson v. Brightstar Medical Methadone Clinic

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on February 5, 2013. The Application is scheduled to be heard by the Tribunal on September 10 and 11, 2014.

2On April 8, 2014 the respondent, Sara Enders, filed a Request for an Order During Proceedings (“RFOP”) seeking dismissal of the Application. In the RFOP, the respondent seeks dismissal of the Application for reasons including the applicant’s failure to comply with the Tribunal’s Rules concerning the disclosure of arguably relevant documents. The respondent also submits that the applicant, by her conduct, has indicated an intent to abandon the Application. The applicant did not deliver and file a Response to the respondent’s RFOP within the required time for doing so.

3On May 29, 2014 the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to deliver and file a Response to the respondent’s RFOP seeking dismissal of the Application, within 10 days of the date of the CAD. The Tribunal advised the applicant that if she did not respond to the CAD as directed, within 10 days of the date of the CAD, the Tribunal may consider the failure to respond as an abandonment of the Application and dismiss the Application on that basis.

4The applicant has not provided a Response to the respondent’s RFOP as directed in the CAD, nor does it appear that the applicant has otherwise communicated with the Tribunal, and the time for doing so has now passed.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.