Bertram Jones v. Ontario Steel Haulers Inc. and Barry Sonshine, 2010 HRTO 1050

Human Rights Tribunal of Ontario

BETWEEN:

Bertram Jones Applicant

-and-

Ontario Steel Haulers Inc. and Barry Sonshine Respondents

DECISION

Adjudicator: Brian Cook Date: May 11, 2010 Citation: 2010 HRTO 1050 Indexed as: Jones v. Ontario Steel Haulers

1This Decision deals with an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The Application was filed on May 11, 2009, and alleges discrimination in employment on the ground of colour.

2A full Response was received from the respondents. Both parties consented to try mediation and the Tribunal scheduled a mediation session on January 22, 2010. The parties attended but the matter was not settled. A hearing was scheduled for May 21, 2010.

3On April 20, 2010, the respondents wrote to the Tribunal asking that the Application be dismissed as abandoned because the applicant had not filed any documents with the Tribunal subsequent to the original Application. The Tribunal issued a Case Assessment Direction on April 26, 2010. It directed the applicant to file any documents that he might wish to rely on, together with information regarding what witnesses, if any, he intended to call. The Case Assessment Direction noted that the applicant is not required to file any documents or information about witnesses if he does not intend to rely on any documents or call any witnesses. However, it stated that the applicant must send a letter to the Tribunal, with a copy to the respondent's lawyer, within seven days of the date of the Case Assessment Direction, confirming that he intends to appear at the hearing. The Case Assessment Direction concluded:

If the Tribunal does not hear from the applicant within seven days of the date of this Direction, the Tribunal may determine that the applicant has abandoned the Application. The Application could be dismissed on that basis.

4To date the Tribunal has not received any written communication from the applicant. I am advised that he appeared at the Tribunal's reception and requested a copy of the Tribunal's Rules. He was given a copy of the Rules and was told that he needed to confirm in writing if he intended to proceed with the hearing. He has not done so.

5In these circumstances, I find that the applicant has not confirmed that he intends to appear at the scheduled hearing. I conclude that the applicant has abandoned the Application. The hearing scheduled for May 21, 2010, is cancelled and the Application is dismissed.