Deborah Crowe v. Halton District School Board, 2016 HRTO 114

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Deborah Crowe

Applicant

-and-

Halton District School Board

Respondent

-and-

Elementary Teachers’ Federation of Ontario

Intervenor

DECISION

Adjudicator: Laurie Letheren

Date: January 25, 2016

Citation: 2016 HRTO 114

Indexed as: Crowe v. Halton District School Board

1A hearing in respect of this Application is scheduled for February 8 and 9, 2016 in Toronto.

2Mediation was scheduled for July 27, 2015 and a Notice of this Mediation date was sent to both parties. The Applicant did not attend the mediation.

3On July 30, 2015 the Tribunal sent a letter to the applicant advising of her failure to appear at mediation and asking her to advise the Tribunal by August 9, 2015 whether she intended to proceed with the Application. The letter also advised the applicant that if she failed to respond by August 9, 2015 the Tribunal may deem the Application to be abandoned.

4On August 9, 2015, the applicant advised the parties and the Tribunal that it was her intention to proceed with the Application.

5A Notice of Hearing dated August 20, 2015 was sent to the parties. This Notice set out the parties’ obligations under Rules 16 and 17. The respondent delivered its arguably relevant documents to the applicant and the intervenor on September 16, 2015. The applicant did not disclose her arguably relevant documents to the parties.

6The Notice also advised the parties that, by no later than December 29, 2015, they were to deliver to each other and to the Tribunal the documents they intend to rely on at the hearing; a list of witnesses who they intend to have to give evidence at the hearing; a prepared witness statement for each witness that details the testimony that the witness will give; and a completed Statement of Delivery (Form 23).

7The December 29, 2015 deadline passed and the applicant had not complied with her obligations regarding the exchange of documents and witness statements or delivered these documents to the Tribunal.

8On January 12, 2016, the Tribunal issues a Case Assessment Direction (CAD) directing the applicant to deliver to the respondent and intervenor and file with the Tribunal the documents she intends to rely upon at the hearing, a list of her witnesses and witness statements, and the completed Statement of Delivery by no later than January 19, 2016.

9The CAD advised the applicant that if she has not complied with the direction by January 19, 2016 the Application may be dismissed as abandoned.

10To date, the applicant has not complied with her Rule 16 and 17 obligations and she has not corresponded with the parties or the Tribunal since August 9, 2015.

11In these circumstances, the applicant is deemed to have abandoned the Application.

12The Application is dismissed.