Faulkner v. Lakeridge Health, 2016 HRTO 666

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sandra Faulkner

Applicant

-and-

Lakeridge Health

Respondent

-and-

Ontario Public Service Employees Union

Intervenor

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: May 17, 2016

Citation: 2016 HRTO 666

Indexed As: Faulkner v. Lakeridge Health

WRITTEN SUBMISSIONS

Sandra Faulkner, Applicant

Self-represented

1Continuation dates are scheduled for the hearing of this case on June 10 and 13, 2016. This Interim Decision orders the respondent to provide written submissions within 7 days to explain its failure to comply with the production Order contained in my Interim Decision 2016 HRTO 563 and its failure to comply with the Orders set out in Interim Decision 2016 HRTO 143 with respect to the filing of its hearing materials.

2In Interim Decision 2016 HRTO 563, issued April 28, 2016, I ordered the respondent to produce to the applicant and file with the Tribunal within 14 days:

any documents in its possession relating to the completion or non-completion of refreshment courses in Histopathology by Ms. Jean Frolick and Ms. Gail Robinson prior to their transfers by the respondent during the time period relevant to the Application.

3In the event that the respondent has no such documents in its possession, I ordered it to confirm this in writing to the applicant and the Tribunal within 14 days of my Interim Decision.

4The respondent did not file the required documents with the Tribunal nor did it confirm that it has no such documents in its possession. The respondent did not comply with my Interim Decision nor respond to it in any way.

5This is only the latest time the respondent has failed to comply with my Orders, directions and the Tribunal’s Rules of Procedure. The previous instances in which the respondent has failed to comply with my directions are documented in Interim Decision 2015 HRTO 1540 and my previous CADs in this case.

6The respondent is engaged in a legal proceeding before this Tribunal. As a party in a legal proceeding, the respondent and its counsel are not free to disregard orders and directions of this Tribunal when they so choose.

order

7The respondent must file written submissions with the Tribunal within 7 days of this Interim Decision addressing the following issues:

1. The respondent must explain why it did not comply with the production order contained in Interim Decision 2016 HRTO 563.

2. The respondent must also explain why I should grant it permission to present any witnesses or documents in this case in light of its repeated failure to comply with my orders, directions and the Tribunal’s Rules of Procedure.