Human Rights Tribunal of Ontario
B E T W E E N:
Patricia Buchanan
Applicant
-and-
Den Hollander Properties Inc. and Nancy Kelly
Respondents
DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Buchanan v. Den Hollander Properties Inc.
1This is an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The hearing in this matter is scheduled to be heard on December 13, 2017 in London.
2On July 4, 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 by July 25, 2017 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 October 30, 2017 (i.e. 45 days before the first scheduled day of hearing).
3The applicant failed to disclose her arguably relevant documents by July 25, 2017 as set out in the Notice of Hearing, and did not provide the Tribunal with her hearing documents and witness statements in accordance with Rules 16 and 17 of the Tribunal’s Rules of Procedure by October 30, 2017.
4Accordingly, in a November 16, 2017 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondent and the Tribunal by no later than November 23, 2017.
5In its CAD, the Tribunal warned the applicant that there were serious consequences for the case if she 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 November 23, 2017, the applicant must deliver to the respondent and file with the Tribunal: (1) the documents she intends to rely upon at the hearing, (2) a list of her witnesses and (3) 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 himself, assuming he intends to testify at the hearing. However, if the applicant only intends to testify about the facts already contained in her Application and Reply, it is sufficient for her to confirm this in writing by November 23, 2017.
If the applicant has not complied with these directions by November 23, 2017, or communicated with the Tribunal at all, the Application may be dismissed as abandoned.
6It is now more than one 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 December 13, 2017 hearing date is cancelled.
Dated at Toronto, this 1st day of December, 2017.
“Signed by”
Dawn J. Kershaw
Vice-chair