HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kayla Logan-Maiato
Applicant
-and-
Western University
Respondent
DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Logan-Maiato v. Western 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 October 2 and 3, 2017.
2On May 8, 2017, 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 (“NOH”); 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 August 18, 2017 (i.e. 45 days before the first scheduled day of hearing).
3On May 25, 2017, the applicant requested an extension of time to file her arguably relevant documents, and the Tribunal granted the extension to June 12, 2017.
4The applicant failed to disclose her arguably relevant documents by June 12, 2017 as set out in the NOH. Instead, the Applicant filed a Request for an Order During Proceedings, dated June 21, 2017, requesting an extension of time and an adjournment of the hearing. The Tribunal, in its August 16, 2017 Interim Decision, 2017 HRTO 1067, granted the applicant an extension of time for filing her arguably relevant documents to August 23, 2017, and for filing her hearing documents and witness statements to September 5, 2017. The Tribunal denied the applicant’s adjournment request.
5The Applicant failed to comply with the Tribunal’s August 16, 2017 Interim Decision. On August 23, 2017, she filed another Request for an Order During Proceedings again requesting an extension of time to deliver and file her documents and witness statements, and requesting an adjournment of the hearing dates. On September 12, 2017, the Tribunal issued another Interim Decision, 2017 HRTO 1186, denying the adjournment request and, only because the date for delivery and filing of documents had passed already, extending the time for the applicant to file her hearing documents and witness statements to September 18, 2017.
6The Tribunal also warned the applicant in this Interim Decision that if she failed to comply with the deadline for delivering and filing her hearing documents and witness statements, her Application may be dismissed as abandoned. The Interim Decision states in part:
The parties should be aware there are consequences for not complying with the deadline for document and witness statement disclosure as follows:
If the applicant has not complied with these directions by September 18, 2017, or communicated with the Tribunal at all, the Application may be dismissed as abandoned.
7Despite the Tribunal’s Interim Decision, the applicant failed to comply. She not only did not deliver or file any hearing documents or witness statements, but she also did not communicate with the Tribunal.
8In addition, the applicant has not responded to the respondents’ September 19, 2017 letter, seeking to have the Application dismissed as abandoned on the basis of the applicant’s failure to comply with the directions in the Tribunal’s September 12, 2017 Interim Decision.
9In the circumstances, it appears that the applicant has abandoned the Application.
ORDER
10The Application is dismissed as abandoned and the October 2 and 3, 2017 hearing dates are cancelled.
Dated at Toronto, this 20^th^ day of September, 2017.
“Signed by”
Dawn J. Kershaw
Vice-chair