Joyne Lavides v. United Food and Commercial Workers Union (UFCW Canada), 2015 HRTO 706

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joyne Lavides

Applicant

-and-

United Food and Commercial Workers Union (UFCW Canada)

Respondent

DECISION

Adjudicator: Jennifer Scott

Date: May 28, 2015

Citation: 2015 HRTO 706

Indexed as: Lavides v. United Food and Commercial Workers Union (UFCW Canada)

1This is an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended, filed on November 29, 2013.

2The hearing in this matter has been rescheduled several times and is currently scheduled for November 12 and 13, 2015.

3The applicant’s arguably relevant documents were initially due on December 17, 2014, when the matter was first scheduled for hearing. The deadline was extended to March 3, 2015, when the hearing was rescheduled. The applicant did not meet these deadlines.

4On March 31, 2015, I issued a Case Assessment Direction directing the applicant to file her arguably relevant documents by April 14, 2015. The Case Assessment Direction was sent by regular mail and by email. The Case Assessment Direction was sent to the applicant’s address on file and was not returned to the Tribunal. The applicant did not file her arguably relevant documents by April 14, 2015.

5On May 8, 2015, I issued a second Case Assessment Direction directing the applicant to file her arguably relevant documents by May 22, 2015. I advised the applicant that if she failed to comply with this direction or if she failed to contact the Tribunal by May 22, 2015, her Application may be dismissed as abandoned. The second Case Assessment Direction was sent to the applicant by regular mail and by courier in response to the applicant’s recent request that the Tribunal not contact her by email. The couriered Case Assessment Direction was returned to the Tribunal as undelivered. The mailed Case Assessment Direction was not returned to the Tribunal.

6The applicant did not file her arguably relevant documents or contact the Tribunal by May 22, 2015.

7It is now one week past the applicant’s second 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.

8In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

9The Application is dismissed as abandoned and the November 12 and 13, 2015 hearing dates are cancelled.