McMillan v. Ansari, 2016 HRTO 314

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marina McMillan

Applicant

-and-

Wasim Ansari

Respondent

DECISION

Adjudicator: Sheri D. Price

Date: March 10, 2016

Citation: 2016 HRTO 314

Indexed as: McMillan v. Ansari

1This is an Application under the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), in which the applicant alleges that the respondent infringed her rights under the Code. A hearing of the Application is scheduled to take place on March 24, 2016, in Toronto.

2In October 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 the Tribunal’s Rules of Procedure by exchanging with one another and filing with the Tribunal the documents they intended to rely upon at the hearing and a summary of their witnesses’ anticipated evidence by no later than February 8, 2016.

3The applicant did not provide the Tribunal with the materials required under the Tribunal’s Rules by the February 8, 2016 deadline.

4Accordingly, in a February 23, 2016 Case Assessment Direction, the Tribunal directed the applicant to provide the required materials to the respondent and the Tribunal within seven (7) days of the date of the Case Assessment Direction. The Case Assessment Direction was mailed and emailed to the applicant at the contact information provided by her to the Tribunal and was not returned as undeliverable.

5In its Case Assessment Direction, the Tribunal warned the applicant that there were serious consequences for this case if she did not comply with the Tribunal’s directions. In particular, the Tribunal advised the applicant that if she failed to comply with the Tribunal’s directions or to communicate with the Tribunal at all about her case within seven days of the date of the February 23, 2016 Case Assessment Direction, her Application might be dismissed as abandoned and the hearing cancelled.

6It is now two weeks since the Tribunal issued the February 23, 2016 Case Assessment Direction and one week past the applicant’s deadline for complying with the Tribunal’s directions. The applicant has not filed the required materials with the Tribunal, nor has she communicated with the Tribunal.

7In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned and the March 24, 2016 hearing cancelled.

ORDER

8The Application is dismissed.