HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Alexander Van Hook by his next friend Gregory Van Hook
Applicant
-and-
Toronto Power Wheelchair Hockey League
Respondent
DECISION
Adjudicator: Mark Hart
Indexed as: Van Hook v. Toronto Power Wheelchair Hockey League
1On April 24, 2012, I issued a Case Assessment Direction (“CAD”) in anticipation of the hearing in this matter, which is scheduled to proceed in Toronto on May 25, 2012.
2In the CAD. I noted that pursuant to Rules 16 and 17 of the Tribunal’s Rules of Procedure, each party is required to deliver to the other parties and file with the Tribunal the following material not less than 45 days prior to the first scheduled hearing day:
a. A list of all documents upon which the party intends to rely at the hearing;
b. A copy of each document contained on the list; and
c. A list of all witnesses the party intends to call at the hearing, including a brief statement summarizing each witness’ expected evidence.
3I also noted that in the Notice of Confirmation of Hearing sent to the parties on November 25, 2011, the parties were reminded of this obligation and were to have delivered this material to the other parties and filed this material with the Tribunal by no later than April 10, 2012.
4However, I noted that, to the date of the CAD, while the Tribunal had received a number of e-mails filed by the applicant as attached to the Application and documents as filed by the respondent, the Tribunal had not received confirmation from the applicant that there were no further documents upon which he intended to rely at the hearing, and had not received a list of witnesses he intended to call at the hearing or a summary of their proposed evidence.
5I also noted that after failing to attend mediation in this matter on May 20, 2011, the applicant’s father wrote to the Tribunal stating that they could not afford the expense of a trip to Toronto with at least one overnight stay. In response, the Tribunal advised the applicant that all parties are required to attend the hearing in person. To the date of the CAD, no further communication has been received by the Tribunal from or on behalf of the applicant. Accordingly, in these circumstances, I indicated that it was unclear to me whether the applicant and his next friend and witnesses intended to appear at the hearing in Toronto on May 25, 2012.
6I further noted that, based on the respondent’s response and its letter dated February 29, 2012, the respondent has agreed to the remedy sought in the Application, which is that a sign language interpreter will be supplied (if requested) at Toronto Power Wheelchair Hockey tournaments in the future. As a result, I indicated that it was unclear to me what further relief is being sought by the applicant in this proceeding.
7As a result, I directed the applicant, within 14 calendar days of the date of the CAD, to deliver to the respondent and file with the Tribunal the following material:
a. Confirmation from the applicant that he, his next friend and his witnesses intend to appear in person at the hearing in Toronto on May 25, 2012;
b. Clarification as to what, if any, outstanding remedy the applicant seeks in this proceeding and on what basis;
c. A list of all witnesses, including themselves, that the applicant intends to call to give evidence at the hearing and a statement of each witness’ expected evidence; and
d. Confirmation that all documents the applicant intends to rely upon at the hearing have been filed with the Tribunal, or a copy of any additional documents upon which he intends to rely.
8I indicated that, if the Tribunal failed to receive the required confirmation from the applicant that he, his next friend and his witnesses intend to appear at the hearing in person within the foregoing time period, this Application may be dismissed as abandoned.
9The 14 day period for the applicant to provide the required confirmation expired on May 10, 2012. No communication has been received from or on behalf of the applicant confirming his intention to appear at the hearing on May 25, 2012 and the applicant still has not fully complied with his pre-hearing obligations.
10Accordingly, in these circumstances, I hereby deem the Application to have been abandoned and dismiss the Application on that basis. The hearing currently scheduled for May 25, 2012 is hereby cancelled.
Dated at Toronto, this 18th day of May, 2012.
”signed by”
Mark Hart
Vice-Chair