Meagan Faria v. Revera Health Services Inc. o/a Revera Home Health, 2015 HRTO 177

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Meagan Faria

Applicant

-and-

Revera Health Services Inc. o/a Revera Home Health

Respondent

DECISION

Adjudicator: Kathleen Martin

Date: February 6, 2015

Citation: 2015 HRTO 177

Indexed as: Faria v. Revera Health Services Inc. o/a Revera Home Health

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 February 11, 2015.

2On September 25, 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 December 29, 2014 (i.e. 45 days before the first scheduled day of hearing).

3The applicant has not provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by December 29, 2014.

4Accordingly, in a January 20, 2015 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondent and the Tribunal by no later than January 27, 2015.

5In its CAD, the Tribunal warned the applicant that there were serious consequences for the case if the applicant 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 January 27, 2015, the applicant must deliver to the respondent a copy of all documents in her possession that are arguably relevant to the issues raised in the case and deliver to the Tribunal a Statement of Delivery (Form 23) confirming that the applicant has sent the documents to the respondent. In addition, by no later than January 27, 2015, 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.

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 his Application, it is sufficient for her to confirm this in writing by January 27, 2015.

Finally, the Tribunal notes that the applicant identified that she had a representative at the time of the mediation. A copy of this Case Assessment Direction shall be sent to the applicant directly as well as the person identified as representative. By January 27, 2015, the applicant shall confirm in writing to the Tribunal that she wishes the Tribunal to continue to contact her through her representative.

If the applicant does not comply with the foregoing directions and/or otherwise communicate with the Tribunal at all by January 27, 2015, her case may be dismissed as abandoned.

6The Case Assessment Direction was sent to the applicant and the person identified as representative by email and courier. It would appear from Purolator Tracking Details that the package sent to the applicant was delivered and received by “Magan” at the applicant’s address and that the package sent to the applicant’s representative was delivered.

7On February 3, 2015, the respondent wrote to the Tribunal advising that it has not received any of the aforementioned material and requesting that the Application be dismissed as abandoned. The respondent’s letter indicates that it was sent to the applicant and her representative by email and courier.

8It is now over a week 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.

9In addition, the applicant has not responded to the respondent’s February 3, 2015 letter seeking to have the Application dismissed as abandoned.

10In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned and the February 11, 2015 hearing date is cancelled.