Case v. Fairfield Inn by Marriott, 2014 HRTO 968

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Karen Case

Applicant

-and-

Fairfield Inn by Marriott, 1485563 Ontario Ltd. and Sunny Hospitality Management Inc.

Respondents

DECISION

Adjudicator: Janice Sandomirsky
Date: July 3, 2014
Citation: 2014 HRTO 968
Indexed as: Case v. Fairfield Inn by Marriott

Introduction

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2This Application is scheduled for hearing on July 8, 2014.

3On June 18, 2014, the Tribunal issued a Case Assessment Direction noting that neither party had complied with its disclosure obligations pursuant to Rules 16 and 17 of the Tribunal’s Rules of Procedure. The Rules require that, 45 days prior to the first scheduled hearing day, the parties deliver to each other, and file with the Tribunal, a list of witnesses they intend to call to give evidence at the hearing, a witness statement for each witness, and a list and copy of all documents or materials which they intend to rely on at the hearing. The deadline to comply with the disclosure requirements was May 26, 2014.

4The Case Assessment Direction reminded the parties again of their hearing obligations and advised that, if the applicant failed to serve and file these materials by June 24 2014, this Application may be dismissed as abandoned.

5To date the Tribunal has not received any communication from the applicant or the respondent. It appears, therefore, that the Application has been abandoned. Accordingly, the Application is dismissed on that basis and the July 8 hearing date is cancelled.