HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Shukaia Johnson
Applicant
-and-
MJR Capital Services Inc. and Neil Fitzgibbon
Respondents
DECISION
Adjudicator: Josée Bouchard
Indexed as: Johnson v. MJR Capital Services 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 October 20, 2016.
2On June 15, 2016, the Tribunal sent the parties a Notice of Hearing advising them that they were to comply with Tribunal Rules 16 and 17, Disclosure Obligations, by no later than September 6, 2016.
3The corporate respondent filed its documents and witness statements in compliance with the Tribunal`s direction. However, the applicant and personal respondent failed to provide the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by September 6, 2016.
4Accordingly, in a September 13, 2016 Case Assessment Direction (“CAD”), the Tribunal directed the applicant and personal respondent to provide the required materials to the corporate respondent and the Tribunal by no later than September 20, 2016. The Tribunal delivered the CAD via mail and email. The personal respondent filed his documents and witness statements in compliance with the CAD.
5In its CAD, the Tribunal warned the applicant that there were serious consequences for the case 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 September 20, 2016, the applicant must deliver to the respondents her arguably relevant documents.
By the same date, the applicant must deliver to the respondents and file with the Tribunal: (1) confirmation of delivery of her arguably relevant documents to the respondents; (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 (and Reply, if any), it is sufficient for her to confirm this in writing by September 20, 2016.
If the applicant has not complied with these directions by September 20, 2016, or communicated with the Tribunal at all, the Application may be dismissed as abandoned.
6It is now two weeks 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. The CAD was not returned as undeliverable.
7In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.
ORDER
8The Application is dismissed as abandoned and the October 20, 2016 hearing date is cancelled.
Dated at Toronto, this 5th day of October, 2016.
“Signed By”
Josée Bouchard
Vice-chair