Claimant’s Complaint Dismissed Due to Procedural Failures

OUTCOME: Dismissed

Canadian Human Rights Tribunal Tribunal canadien des droits de la personne Citation: 2024 [NAME] 131 Date: December 2, 2024 File No. : T2615 / 17220 Between: [RESPONDENT] - and - Canadian Human Rights Commission Commission - and - [NAME] Respondent Decision Member: [NAME]. OVERVIEW [ 1 ] [RESPONDENT] , the [RESPONDENT], has failed to meet Tribunal deadlines to proceed with her complaint. Since May of 2024, the Tribunal has attempted to contact the [RESPONDENT] several times, but she has not complied with the Tribunal’s directions or advanced her complaint in response to any of the Tribunal’s communications. [ 2 ] [NAME] ([NAME]), the Respondent, argues that the Tribunal should dismiss the complaint because the [RESPONDENT] has failed to pursue her complaint, has not respected the Canadian Human Rights Tribunal’s Rules of Procedure, 2021 SOR/2021-137 (the “Rules of Procedure”), has not met any deadlines and has not responded to the Tribunal’s numerous attempts at contact. [ 3 ] The Canadian Human Rights Commission (the “Commission”) did not make any submissions and is not participating in this matter.

II.

DECISION [ 4 ] The complaint is dismissed as abandoned. The [RESPONDENT] has not participated in the complaint process, and she has not responded to any of the Tribunal communications to advance her complaint.

III. ANALYSIS [ 5 ] The Tribunal must conduct proceedings as informally and expeditiously as the requirements of natural justice and the rules of procedure allow (s. 48.9(1) of the Canadian Human Rights Act , R.S.C., 1985, c. H-6). The Tribunal’s Rules of Procedure are to be interpreted and applied to secure the informal, expeditious and fair determination of every inquiry on its merits. [ 6 ] Administrative tribunals are masters in their own house. The Tribunal can dismiss a complaint if a party does not comply with its Rules of Procedure (Rule 9) and can make any order it considers necessary against vexatious conduct or abuse of process (Rule 10). [ 7 ] It is the [RESPONDENT]’s responsibility to advance their file and to provide their contact information ( [NAME] v Correctional Service Canada , 2024 [NAME] 6 at paras 4–5; [NAME] v [[COMPANY] , 2024 [NAME] 84 at para 11). The other parties are also entitled to have their complaints addressed in a timely way ( [NAME] v. [NAME]’azdli Whut’en First Nation, 2021 [NAME] 21 at para 39). Failing to appear or to otherwise participate in the process can result in a complaint being dismissed as abandoned ( [NAME] v. Correctional Service Canada , 2024 [NAME] 97). [ 8 ] At the beginning of May 2024, the Tribunal issued a ruling dismissing the Respondent’s request to stay the complaint proceedings until the resolution of all issues before the Federal Court. Following the ruling, on May 16, 2024, the Tribunal sent a letter setting deadlines for the Commission’s disclosure and for the [RESPONDENT] to file her Statements of Particulars (SOP), disclosure and witness lists. On June 14, 2024, the Tribunal granted an extension for the deadlines originally set. Some additional correspondence was sent to the parties, and, on September 6, 2024, the Tribunal spoke to the [RESPONDENT] by telephone who confirmed she had been receiving the Tribunal’s emails and said she would try and file her SOP the following week. [ 9 ] On September 10, 2024, the Tribunal again wrote to the [RESPONDENT] and warned that the case may be dismissed as abandoned if she did not confirm her intention to pursue her complaint or otherwise respond by September 13, 2024. [ 10 ] On October 9, 2024, the Tribunal sent another letter to the [RESPONDENT] by email and courier setting a deadline of October 30, 2024, to respond and warning that, in the absence of a response, the complaint could be dismissed as abandoned. It again tried to reach the [RESPONDENT] by telephone and left a voicemail. [ 11 ] In the absence of any response or indication from the [RESPONDENT] that they wish to proceed with their complaint, I find that this matter should be dismissed as abandoned. [ 12 ] The Tribunal has tried to reach the [RESPONDENT] by every means available using the contact information the Commission provided. The courier the Tribunal sent was returned but its emails were not returned as undeliverable, and the [RESPONDENT] confirmed she had been receiving the Tribunal’s emails. The Tribunal also warned the [RESPONDENT] that her complaint could be dismissed if she failed to respond. [ 13 ] I accept [NAME]’s submission that the [RESPONDENT] has, without explanation, failed to respond to the Tribunal’s numerous attempts to communicate with her and has not complied with her obligations under Rule 18 of the Tribunal’s Rules of Procedure. I have not been presented with information about any challenges or personal circumstances faced by the [RESPONDENT] to explain her lack of participation in the process such that it would be unfair to dismiss the complaint. It is also the [RESPONDENT]’s responsibility to provide updated contact information. [ 14 ] In the absence of any response or indication from the [RESPONDENT] that she wishes to proceed with her complaint, I find that this matter should be dismissed as abandoned .

IV.

ORDER [ 15 ] The complaint is dismissed as abandoned. The Registry will send a letter to the parties confirming that this file has been closed. Signed by [NAME] Tribunal Member Ottawa, Ontario December 2, 2024 Canadian Human Rights Tribunal Parties of Record File No. : T2615//17220 Style of Cause: [RESPONDENT] v. [NAME] of the Tribunal dated: December 2, 2024 Written representations by: [NAME]. [NAME], [RESPONDENT] and [RESPONDENT] , for the Respondent