Roopnaraine v. Leon’s Furniture Store, 2015 HRTO 1291

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Leelawati Roopnaraine

Applicant

-and-

Leon’s Furniture Store and Darwin Dimayuga

Respondents

DECISION

Adjudicator: Sheri Price

Date: September 29, 2015

Citation: 2015 HRTO 1291

Indexed as: Roopnaraine v. Leon’s Furniture Store

1This is an Application under s.34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application is scheduled to be heard on October 5, 2015.

2In May 2015, 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 (“the Rules”) by exchanging with one another and filing with the Tribunal the documents they intended to rely upon at the hearing and a summary of their witnesses’ anticipated evidence by no later than August 21, 2015.

3The applicant did not provide the Tribunal with the materials required under the Tribunal’s Rules by the August 2015 deadline.

4Accordingly, in a September 18, 2015 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondents and the Tribunal by no later than September 25, 2015.

5In its September 18, 2015 Case Assessment Direction, the Tribunal warned the applicant that there were serious consequences for the case if she did not comply with the Tribunal’s directions. In particular, the Tribunal’s CAD advised the applicant that if she failed to comply with her pre-hearing disclosure requirements or to communicate with the Tribunal at all about her case by September 25, 2015, her Application might be dismissed as abandoned and the October 5, 2015 hearing cancelled.

6It is now 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 and the October 5, 2015 hearing is cancelled.

ORDER

8The Application is dismissed.