Collins-Theriault v. Highland Ford Sales Ltd., 2015 HRTO 1036

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Vicki Lynn Collins-Theriault

Applicant

-and-

Highland Ford Sales Ltd.

Respondent

DECISION

Adjudicator: David Muir

Date: August 5, 2015

Citation: 2015 HRTO 1036

Indexed as: Collins-Theriault v. Highland Ford Sales Ltd.

1The Tribunal issued a Notice of Hearing on January 21, 2015. This hearing was scheduled to take place on August 10 and 11, 2015, in Sault Ste. Marie. The Notice explained that the parties were to send a copy of any documents they intended to rely on at the hearing and a statement setting out the anticipated evidence of any person the parties proposed to call as a witness at the hearing.

2The Tribunal received documents and witness statements from the respondent but did not received any documents or witness statements from the applicant, or received any other communication from the applicant since the Application was filed.

3In a Case Assessment Direction issued on July 22, 2015, the applicant was directed to comply with the Tribunal’s Rules and the Directions made in the Notice of Hearing. The applicant was advised that if there were no documents that she intended to rely on or no witnesses she need not do anything further. However, the applicant was advised that she intended to rely on any other document or call any witnesses, she must send this information to the Tribunal and the respondent by August 4, 2015. The applicant was directed to confirm that she intended to appear at the hearing.

4The applicant was advised that if she did none of these things, in particular, if she did not confirm that she would appear at the hearing by August 4, 2015, the Application may be dismissed as abandoned.

5The applicant did not comply with these directions nor has she communicated with the Tribunal in any way since the Application was filed.

6In the circumstances, the applicant is deemed to have abandoned the Application and it is dismissed. The hearing dates scheduled on August 10 and 11, 2015 are cancelled.