Warnke-Dundas v. Ontario (Attorney General), 2015 HRTO 797

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Angelica Warnke-Dundas

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Attorney General

Respondent

DECISION

Adjudicator: Colin Johnston

Date: June 16, 2015

Citation: 2015 HRTO 797

Indexed as: Warnke-Dundas v. Ontario (Attorney General)

INTRODUCTION

1This Application is scheduled to be heard in Windsor on June 19, 2015.

2A Notice of Hearing was sent to the parties on January 13, 2015. 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 to deliver by May 5, 2015 witness statements, the list of the documents they intend to rely, and a copy of those documents to the other party. The parties were also required to 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 June 1, 2015, delivered by both regular mail and email, the Tribunal noted that the applicant had not complied with the direction to deliver and file any documents, list of documents or witness statements by the May 5, 2015, deadline.

4The Tribunal gave the following directions to the applicant in this Case Assessment Direction:

1. By no later than June 10, 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 brief statement describing what her witnesses will say when they testify. If the applicant has not complied with this direction by June 10, 2015, the Application may be dismissed as abandoned.

2. 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 his Application, it is sufficient for her to confirm this in writing by June 10, 2015.

3. If the applicant does not communicate with the Tribunal at all by June 10, 2015, her case 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 or otherwise contacted 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 June 19, 2015 hearing date is cancelled.