Anthony Tubbs v. Universal Workers Union, Labourers’ International Union of North America, Local 183, 2010 HRTO 2452

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Anthony Tubbs

Complainant

-and-

Ontario Human Rights Commission

Commission

-and-

Universal Workers Union, Labourers’ International Union of North America, Local 183, Daniel Avero, Roger Quinn, and Tony Dionisio

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: December 10, 2010

Citation: 2010 HRTO 2452

Indexed as: Tubbs v. Universal Workers Union, Labourers’ International Union of North America, Local 183

1In a Case Assessment Direction dated October 4, 2010, the Tribunal directed as follows:

By November 15, 2010, the complainant and Commission will file detailed witness statements for all witnesses they intend to call, setting out all the intended evidence of each witness in detail, together with any documents intended to be introduced as exhibits.

2In a Case Assessment Direction dated November 19, 2010, following various correspondence from counsel for the Commission, the Tribunal held as follows:

The Tribunal is prepared to provide the complainant and the Commission, if it intends to participate in the hearing, with a final opportunity to comply with its direction of October 4, 2010 and will extend the deadline until three weeks from today’s date: December 9, 2010. Should neither the Commission nor the complainant deliver to the respondents and file with the Tribunal detailed witness statements setting out in complete detail all oral evidence that party’s witnesses intend to give, together with all documents intended to be introduced as evidence at the hearing, the Complaint may be dismissed as abandoned.

3In a letter dated December 9, 2010, the applicant wrote to the Tribunal in relevant part as follows:

This letter is to inform you that I wish to proceed with my tribunal hearing…

I would like to explain to you why I did not respond sooner. I left a message at your office this morning to get an update on my file, and received a text number at approximately 11am. When I returned the call, I spoke to [a staff member] who was kind enough to inform me that today by 5pm was the deadline for me to respond to my tribunal hearing. Also, last Friday, December 6, 2010, I was notified by my counsel, Charles Amissah-Ocran, that he would no longer be able to represent me in this matter due to a suspension. Charles did not inform me of any deadline. It was only today, when I happened to call your office to get an update on my file, that I was thankfully notified of this deadline.

4The complainant’s letter was not copied to the respondent or the Commission. A copy of the letter will be provided to the respondents and the Commission with this Interim Decision. A copy of the Case Assessment Directions and all correspondence in the Tribunal’s file since August 19, 2010, will be provided to the complainant with this Interim Decision.

5In the circumstances, the Tribunal’s deadline for provision of witness statements and documents is suspended. The Registrar-Transition is requested to schedule a conference call with the parties at the earliest possible date to discuss the next steps in this Complaint.

6I am not seized.