Cindy Dixon v. Evangel Hall Mission, 2015 HRTO 376

Human Rights Tribunal of Ontario

B E T W E E N:

Cindy Dixon Applicant

-and-

Evangel Hall Mission Respondent

DECISION

Adjudicator: Laurie Letheren Date: March 24, 2015 Citation: 2015 HRTO 376 Indexed as: Dixon v. Evangel Hall Mission

1The applicant filed an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application is scheduled to be heard on April 9, 2015 in Toronto.

2On November 6, 2014, the Tribunal sent the parties a Notice of Hearing directing them to take certain steps in advance of the hearing. In particular, 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 February 23, 2015 (i.e. 45 days before the first scheduled day of hearing).

3The applicant did not provide the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by February 23, 2015.

4In a March 6, 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 March 13, 2015. The CAD was sent by mail and fax to the latest address that the applicant’s legal counsel provided to the Tribunal.

5In its CAD, the Tribunal cautioned the applicant that there were serious consequences for the case if she did not file the required materials. In particular, the Tribunal’s CAD contained the following warning:

If the applicant does not communicate with the Tribunal at all by March 13, 2015, the Application may be dismissed as abandoned.

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 or her legal counsel communicated with the Tribunal in any way.

7In the circumstances, it appears that the applicant has abandoned the Application.

ORDER

8The Application is dismissed as abandoned and the April 9, 2015 hearing date is cancelled.