HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Amanda Dorothea Biggs
Applicant
-and-
Ivy Bar and Kitchen – 2234185 Ontario Inc.
Respondent
DECISION
Adjudicator: Laurie Letheren
Indexed as: Biggs v. Ivy Bar and Kitchen
INTRODUCTION
1This Application is scheduled to be heard in Toronto on May 13 and 14, 2015.
2A Notice of Hearing was sent to the parties on December 11, 2014. The Notice set dates for disclosure and production of documents pursuant to the Tribunal’s Rules of Procedure. The Notice of Hearing directed the parties that by March 30, 2015 they were to deliver witness statements, the list of the documents they intend to rely and a copy of those documents to the other party and then file copies of the documents they will rely on, the witness statements and a completed Statement of Delivery (Form 23) with the HRTO.
3In a Case Assessment Direction dated May 1, 2015, the Tribunal noted that the applicant had not complied with the directions to prepare and deliver the witness statements and documents and that the March 30, 2015 deadline had passed.
4The Tribunal gave the following directions to the applicant in this Case Assessment Direction:
By no later than May 8, 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 statement describing what her witnesses will say when they testify; and the completed Statement of Delivery (Form 23). If the applicant has not complied with this direction by May 8, 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 to the respondent and the Tribunal by May 8, 2015.
If the applicant does not communicate with the Tribunal at all by May 8, 2015, the Application may be dismissed as abandoned.
5The second extended due date for filing and delivery of documents and witness statements has now passed and the applicant has not filed the required materials with the Tribunal.
6In the circumstances, it appears that the applicant has abandoned the Application. The Application is therefore dismissed as abandoned.
ORDER
7The Application is dismissed as abandoned and the May 13 and 14, 2015 hearing dates are cancelled.
Dated at Toronto, this 11^th^ day of May, 2015.
“Signed by”
Laurie Letheren
Vice-chair