Wood v. Kelly's Bake Shoppe, 2015 HRTO 442

Human Rights Tribunal of Ontario

B E T W E E N:

Michelle Wood

Applicant

-and-

Kelly’s Bake Shoppe

Respondent

DECISION

Adjudicator: Maureen Doyle Date: April 2, 2015 Citation: 2015 HRTO 442 Indexed as: Wood v. Kelly’s Bake Shoppe

1This is 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 7, 2015.

2On November 24, 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 (the “Rules”) 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).

3Neither the applicant nor the respondent provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules by February 23, 2015.

4Accordingly, in a March 25, 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 April 1, 2015; and the respondents to provide the required materials to the applicant and the Tribunal by no later than April 1, 2015.

5In its CAD, the Tribunal warned the parties that there were serious consequences for the case if they 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 April 1, 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 his witnesses and a brief statement describing what her witnesses will say when they testify. If the applicant has not complied with this direction by April 1, 2015, the Application may be dismissed as abandoned.

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 her Application, it is sufficient for her to confirm this in writing by April 1, 2015.

If the applicant does not communicate with the Tribunal at all by April 1, 2015, her case 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 communicated with the Tribunal.

7In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

8The Application is dismissed as abandoned and the April 7, 2015 hearing date is cancelled.