HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Paul Martins
Applicant
-and-
National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW Canada) and its Local 195
Respondent
AND B E T W E E N:
Paul Martins
Applicant
-and-
Central Stampings Limited
Respondent
DECISION
Adjudicator: Mark Hart
Indexed as: Martins v. National Automobile, Aerospace, Transportation and General Workers Union of Canada
1These are two Applications under section 53(5) of the Human Rights Code (the “Code”) filed with the Tribunal dated June 28, 2009 and June 29, 2009. The underlying complaints to the Commission are both dated August 24, 2007.
2On June 4, 2010, the Tribunal sent out a Confirmation of Hearing Dates and Required Preparation to the parties advising that the hearing in this matter would be held in Windsor on November 12, 2010. The applicant was advised that by no later than July 5, 2010, he was required to make disclosure of all arguably relevant documents to the respondents and also to serve and file a statement of any additional facts that he intends to rely upon and a description of the remedies he seeks.
3On July 20, 2010, the Tribunal received correspondence from the respondents indicating that the applicant had not complied with his disclosure obligations and had not served or filed any statement of additional facts or description of remedies. Accordingly, by letter to the parties dated July 20, 2010, the Tribunal noted the applicant’s failure to comply with his pre-hearing obligations under the Rules and afforded the applicant an opportunity within 10 calendar days to explain his failure to comply and to advise whether he intended to proceed with his Applications.
4No response to the Tribunal’s correspondence was received from the applicant. Accordingly, by letter to the parties dated August 13, 2010, the Tribunal afforded the applicant one final opportunity to comply with the Tribunal’s direction as set out in its July 20, 2010 letter failing which he was notified that the Tribunal may dismiss his Applications as abandoned.
5To date, no response has been received from the applicant.
6As a result of the applicant’s failure to comply with his pre-hearing obligations, his failure to comply with the Tribunal’s direction as set out in its July 20, 2010 letter and his failure to advise the Tribunal and the respondents that he still intends to proceed with his Applications, these Applications are hereby deemed to have been abandoned and the Tribunal will close its files in this matter.
7The hearing currently scheduled for November 15, 2010 is hereby cancelled and the respondents are relieved from any further obligations in this matter.
Dated at Toronto, this 1st day of October, 2010.
“Signed by”
Mark Hart
Vice-chair