Heena Beg-Mirza v. PDH Group Inc., 2015 HRTO 914

Human Rights Tribunal of Ontario

B E T W E E N:

Heena Beg-Mirza

Applicant

-and-

PDH Group Inc.

Respondent

DECISION

Adjudicator: Naomi Overend

Date: July 13, 2015

Citation: 2015 HRTO 914

Indexed as: Beg-Mirza v. PDH Group Inc.

1This is an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The Application is scheduled to be heard on July 15 and 16, 2015.

2On March 24, 2015, 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 by providing one another with copies of their arguably relevant documents within 21 days of the date of the Notice of Hearing and 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 June 1, 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 of Procedure by April 14, 2015 and June 1, 2015 respectively.

4Accordingly, in a July 2, 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 July 8, 2015; and the respondents to provide the required materials to the applicant and the Tribunal by no later than July 8, 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 July 8, 2015, the applicant must deliver to the respondent (1) her arguably relevant documents; (2) a list of the documents she intends to rely upon at the hearing; (3) a list of her witnesses; and (4) a brief statement describing what her witnesses will say when they testify.

By the same date, the applicant must file with the Tribunal: (1) confirmation of delivery of her arguably relevant documents to the respondent; (2) a list and copy of the documents she intends to rely upon at the hearing; (3) a list of her witnesses; and (4) a brief statement describing what her witnesses will say when they testify.

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 July 8, 2015.

If the applicant has not complied with these directions by July 8, 2015, or communicated with the Tribunal at all, the Application may be dismissed as abandoned.

6It is now five days 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 addition, the respondent did file material, which it indicates were delivered to the applicant on July 8, 2015, thus serving as a further reminder of the applicant’s obligations with respect to the upcoming hearing.

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 hearing dates are cancelled.