Ventura v. 155 Bar and BBQ Restaurant, 2014 HRTO 928

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Christina Ventura

Applicant

-and-

155 Bar and BBQ Restaurant

Respondent

DECISION

Adjudicator: Maureen Doyle

Date: June 24, 2014

Citation: 2014 HRTO 928

Indexed as: Ventura v. 155 Bar and BBQ Restaurant

Introduction

1This is an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The Application is scheduled to be heard on June 30, 2014.

2On February 19, 2014, the Tribunal sent the parties a Notice of Hearing directing them to take certain steps in advance of the hearing. In particular, and among other things, the Notice of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure by providing one another with copies of their arguably relevant documents within 21 days of the date of the Notice of Hearing; and by exchanging with one another and filing with the Tribunal the documents they intended to rely upon at the hearing, a list of their witnesses and a summary of their witnesses’ anticipated evidence by no later than May 16, 2014 (i.e. 45 days before the first scheduled day of hearing).

3Neither the applicant nor the respondent provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by May 16, 2014.

4Accordingly, in a June 12, 2014 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondent and the Tribunal by no later than June 19, 2014; and the respondent to provide the required materials to the applicant and the Tribunal by no later than June 26, 2014.

5In its CAD, the Tribunal warned the parties that there were serious consequences for the case if they did not comply with the Tribunal’s directions. In particular, the Tribunal’s CAD contained the following directions to the applicant:

By no later than June19, 2014, the applicant must deliver to the respondent and file with the Tribunal the documents she intends to rely upon at the hearing, a list of her witnesses and a brief statement describing what her witnesses will say when they testify. If the applicant has not complied with this direction by June 19, 2014, the Application may be dismissed as abandoned.

The applicant is reminded that she must also submit a witness statement for herself, assuming she intends to testify at the hearing. However, if the applicant only intends to testify about the facts already contained in her Application, it is sufficient for her to confirm this in writing by June 19, 2014.

If the applicant does not communicate with the Tribunal at all by June 19, 2014, her case may be dismissed as abandoned.

6It is past the applicant’s deadline for complying with the Tribunal’s directions and the applicant has not filed the required materials with the Tribunal, nor has she communicated with the Tribunal.

7In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

8The Application is dismissed as abandoned and the June 30, 2014 hearing date is cancelled.