Jeffrey v. Toronto Transit Commission, 2017 HRTO 1106

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nickeisha Jeffrey

Applicant

-and-

Toronto Transit Commission

Respondent

DECISION

Adjudicator: Mark Hart

Date: August 25, 2017

Citation: 2017 HRTO 1106

Indexed as: Jeffrey v. Toronto Transit Commission

1This is an Application dated May 27, 2016 alleging discrimination with respect to services because of race, contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2This matter is currently scheduled to proceed to a hearing in Toronto on August 31, 2017.

3By Case Assessment Direction (“CAD”) dated August 11, 2017, I noted that the applicant had not complied with her pre-hearing obligations, in that she had failed to file her list of witnesses, a summary of what each witness would say, and the documents upon which she intended to rely at the hearing. In accordance with this Tribunal’s Rules of Procedure, this pre-hearing material was to have been filed by the applicant by July 17, 2017. The applicant was notified of these obligations and the deadline for filing this material in the Notice of Hearing sent to the parties on April 11, 2017.

4In the CAD dated August 11, 2017, I also addressed a Request for Order filed by the respondent on July 24, 2017, to which the applicant had failed to file any response within the required 14 calendar days. Among other orders made in relation to the respondent’s Request for Order, I ordered the applicant to serve and file certain relevant medical records if she was taking the position at the hearing that her emotional and mental health was affected by the incident at issue.

5I afforded the applicant until August 23, 2017 to comply with her pre-hearing obligations and to serve and file the material ordered pursuant to the respondent’s Request for Order. My CAD expressly stated that if the applicant failed to serve and file these materials by August 23, 2017, her Application may be dismissed as abandoned.

6To date, this Tribunal has received no communication from the applicant in response to my CAD, and she continues to have failed to comply with her pre-hearing obligations as required by this Tribunal’s Rules and with the order I made pursuant to the respondent’s Request for Order. The CAD dated August 11, 2017 was sent to the applicant by e-mail at the e-mail address provided by her in the Application, and was not returned to the Tribunal as undeliverable. In material on file with the Tribunal, this e-mail address had been used by the applicant to correspond with the respondent as recently as July 17, 2017.

7The CAD dated August 11, 2017 also was sent to the applicant at her home address as updated by her with the Tribunal on September 8, 2016, and I have confirmed that the courier package was delivered to this address and signed for by the applicant on August 18, 2017. Accordingly, I am satisfied that the applicant had notice regarding her need to comply with her pre-hearing obligations and with my order, and the consequences of failing to do so as set out in my CAD.

8The filing of an application with this Tribunal commences a legal proceeding, and the parties are obligated to comply with the requirements set out in this Tribunal’s Rules of Procedure and with this Tribunal’s orders and directions. In the instant case, the applicant has been reminded of these obligations and has been given an opportunity to comply. Not only has she failed to comply with her obligations, this Tribunal has received no communication from her whatsoever in response to my CAD. In these circumstances, I can only conclude that this Application is abandoned. The Application is dismissed on that basis, and the hearing currently scheduled for August 31, 2017 is hereby cancelled.

ORDER

9The Application is dismissed as abandoned, and the hearing currently scheduled for August 31, 2017 is hereby cancelled.