Stor v. Randstad Holding N.V., 2015 HRTO 1511

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Daniela Stor Applicant

-and-

Randstad Holding N.V. Respondent

DECISION

Adjudicator: Keith Brennenstuhl Date: November 9, 2015 Citation: 2015 HRTO 1511 Indexed as: Stor v. Randstad Holding N.V.

1A preliminary hearing in respect of this Application is scheduled for November 16, 2015.

2On July 21, 2015 the Tribunal issued Interim Decision (2015 HRTO 963) which directed the applicant to deliver to the respondent and file with the Tribunal, at least 30 days before the preliminary hearing, a summary of what she will say at the preliminary hearing ("will-say statement") with respect to the issue discussed in the said Interim Decision.

3The applicant did not provide the Tribunal with her will-say statement by the required date.

4Accordingly, in an October 30, 2015 Case Assessment Direction ("CAD"), the Tribunal directed the applicant to provide her will-say statement to the respondent and the Tribunal by no later than November 6, 2015.

5In its CAD, the Tribunal warned the applicant that there would be serious consequences for the case if she did not comply with the Tribunal's direction. In particular, the Tribunal's CAD contained the following direction:

By no later than November 6, 2015, the applicant must deliver to the respondent and file with the Tribunal her will-say statement. If the applicant has not complied with this direction by November 6, 2015 the Application may be dismissed as abandoned.

6The applicant has not complied with the Tribunal's direction in that the applicant has not filed the required material with the Tribunal and the time for doing so has now passed.

7In the circumstances, the applicant is deemed to have abandoned the Application.

8In the late afternoon of November 6, 2015, counsel for the applicant communicated with the Tribunal asking that the Tribunal extend the deadline for filing of the will-say statement. He indicated that the applicant failed to attend a meeting with him scheduled for November 2, 2015 and failed to communicate with him. In my view, the failure of the applicant to attend a scheduled meeting with counsel is consistent with the applicant having abandoned the Application. The applicant has had ample time and opportunity to advance her Application. The extension request is denied.

9The Application is dismissed. The Registrar shall cancel the preliminary hearing scheduled for November 16, 2015.