Sanzo v. 2412885 Ontario Inc., 2015 HRTO 228

Human Rights Tribunal of Ontario

B E T W E E N:

Yvonne Sanzo Applicant

-and-

2412885 Ontario Inc. Respondent

DECISION

Adjudicator: Douglas Sanderson Date: February 24, 2015 Citation: 2015 HRTO 228 Indexed as: Sanzo v. 2412885 Ontario Inc.

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of age.

2By Notice of Hearing dated October 30, 2014, the matter was set down for hearing March 9, 2015. The Notice of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure by exchanging with one another and filing with the Tribunal the documents they intend to rely upon at the hearing, a list of their witnesses and a summary of their witnesses’ anticipated evidence by no later than January 23, 2015. Neither party complied with its pre-hearing disclosure obligations.

3By Case Assessment Direction (“CAD”), dated February 9, 2015, the Tribunal directed the parties to provide the required hearing materials by February 13, 2015. The applicant was advised that the Application may be dismissed as abandoned if she did not comply with this direction or if she did not communicate with the Tribunal by February 13, 2015. The respondent was advised that failure to comply with the direction could result in the Tribunal taking any of the steps set out in Rule 5 of the Tribunal’s Rules of Procedure, including not permitting the respondent to present evidence at the hearing. The CAD was sent to the parties by regular mail and was not returned as undeliverable.

4As of the date of this Decision, the applicant has not filed the materials as required, and did not contact the Tribunal to advise the reason for her failure to comply with the direction set out in the CAD. In the circumstances, it appears that the applicant does not intend to proceed with the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

5The Application is dismissed as abandoned and the hearing date of March 9, 2015 is cancelled.