Tanya Francis v. Gap (Canada) Inc., 2016 HRTO 1145

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tanya Francis

Applicant

-and-

Gap (Canada) Inc.

Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: August 29, 2016 Citation: 2016 HRTO 1145 Indexed as: Francis v. Gap (Canada) Inc.

1The applicant filed an Application alleging that she was discriminated against contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The Application was scheduled to be heard on September 20, 2016.

2The Tribunal sent the parties a Notice of Hearing directing them to take certain steps in advance of the hearing. In particular, the Notice of Hearing directed the parties to disclose to one another and file with the Tribunal any 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 August 8, 2016.

3The respondent provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure but the applicant did not.

4On August 12, 2016, the Tribunal issued a Case Assessment Direction (“CAD”), directing the applicant to provide the required materials to the respondent and the Tribunal within 7 days of the date of the CAD. The CAD advised the applicant that, if she did not make the necessary pre-hearing disclosure by the deadline set in the CAD, her Application might be dismissed as abandoned.

5It is now well past the applicant’s deadline for complying with the Tribunal’s CAD. The applicant has not filed the required materials with the Tribunal, nor has she communicated with the Tribunal in any way in response to the CAD.

ORDER

6In these circumstances, the Application is dismissed as abandoned and the September 20, 2016 hearing date is cancelled.