Human Rights Tribunal of Ontario
B E T W E E N:
Alexandra Legere
Applicant
-and-
The Graduate Students Association of McMaster University and Kevin LaFontaine
Respondents
DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Legere v. The Graduate Students Association of McMaster University
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 May 6, 2016.
2On December 3, 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 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 March 22, 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 March 22, 2016.
4Accordingly, in a March 30, 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 April 8, 2016.
5In its CAD, the Tribunal warned the parties that there were serious consequences for the case if they 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 April 8, 2016, the applicant must deliver to the respondent her arguably relevant documents.
By the same date, the applicant must deliver to the respondent and file with the Tribunal: (1) confirmation of delivery of her arguably relevant documents to the respondent; (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, it is sufficient for her to confirm this in writing by April 8, 2016.
If the applicant has not complied with these directions by April 8, 2016, or communicated with the Tribunal at all, the Application may be dismissed as abandoned.
6It 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.
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 May 6, 2016 hearing date is cancelled.
Dated at Toronto, this 15^th^ day of April, 2016.
“signed by”
Dawn J. Kershaw
Vice-chair