Autumn Johnny v. Ivanhoe Cambridge II, 2016 HRTO 1092

Human Rights Tribunal of Ontario

B E T W E E N:

Autumn Johnny Applicant

-and-

Ivanhoe Cambridge II on behalf of Lynden Park Mall Respondent

DECISION

Adjudicator: Naomi Overend Date: August 16, 2016 Citation: 2016 HRTO 1092 Indexed as: Johnny v. Ivanhoe Cambridge II

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 September 6, 2016.

2On May 2, 2016, 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 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 July 23, 2016 (i.e. 45 days before the first scheduled day of hearing).

3The applicant did not provide the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by July 23, 2016. Accordingly, in an August 2, 2016 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondents and the Tribunal by no later than August 9, 2016.

4In its CAD, the Tribunal warned the applicant that there were serious consequences if she 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 August 9, 2016, the applicant must deliver to the respondent and file with the Tribunal a list of her witnesses and a statement describing what her witnesses will say when they testify as well as any documents she intends to rely upon at the hearing.

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 August 9, 2016, that she intends to attend the hearing and give evidence.

Failure to comply with these Directions may result in the Application being dismissed as abandoned.

5It is now a week 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.

6In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

7The Application is dismissed as abandoned and the September 6, 2016 hearing date is cancelled.