Wisniewski v. Abate & Associates Inc., 2012 HRTO 1072

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Timothy Wisniewski

Applicant

-and-

Abate & Associates Inc. and Sebastian Abate

Respondents

DECISION

Adjudicator: Mark Hart Date: May 30, 2012 Citation: 2012 HRTO 1072 Indexed as: Wisniewski v. Abate & Associates Inc.

1This Application is scheduled to proceed to a hearing in Toronto on June 6, 2012.

2On May 18, 2012, I issued a Case Assessment Direction which alerted the applicant to the fact that he had failed to comply with his pre-hearing obligations under Rules 16 and 17 to deliver to the respondents and file with the Tribunal a witness list, witness statements, and copies of documents he intends to rely upon no later than 45 days prior to the hearing. I stressed to the applicant that there were serious consequences for the case if this step was not taken.

3The Notice of Confirmation of Hearing sent to the parties on November 30, 2011 summarized the requirements as follows:

Unless otherwise directed by the HRTO, not later than April 23, 2012 you must deliver to every other party and file with the HRTO:

• a list of all documents you intend to rely on at the hearing;

• a copy of each document on that list for the HRTO;

• a copy of every document on that list for each party or confirmation every document has already been provided to the other parties;

• a witness list that includes the name of every witness, including expert witnesses, you intend to present to the HRTO;

• a statement summarizing the expected evidence of each witness;

• where you intend to rely on the evidence of a proposed expert witness, a copy of the expert’s written report or a full summary of the expert’s proposed evidence and the expert’s curriculum vitae;

• the Statement of Delivery of the Rule 16.2 list and documents on the other parties.

4In C.D. v. Wal-Mart Canada Inc., 2010 HRTO 426, the Tribunal explained, at para. 7:

The exchange of documents (Rule 16) and witness statements (Rule 17) 45 days prior to the hearing is a critical part of the Tribunal’s process. It ensures that each party fully understands the other side’s case and enables the Tribunal to make Case Assessment Directions to structure the hearing. In appropriate cases, adoption of the witness statements may take the place of examination-in-chief of the witness. Witness statements should therefore be detailed and set out the particular evidence that the witness will give, rather than just general topics. A witness statement should be filed for each witness, including an applicant or individual respondent. Where the Application or Response itself makes clear the proposed testimony, the witness statement may simply confirm that the summary of facts in the Application or Response is complete and reflects the evidence that will be given by the applicant or individual respondent.

5In the Case Assessment Direction, I directed the applicant to immediately file the materials required under Rules 16 and 17. I further indicated that, if the applicant had not done so within 7 days of the date of the Case Assessment Direction, the Application may be dismissed as abandoned.

6It is now over 10 days since the date of the Case Assessment Direction, and no materials have been filed by the applicant nor has the Tribunal received any contact from the applicant.

7Accordingly, in view of the applicant’s failure to comply with his pre-hearing obligations and his failure to file materials as directed by the Case Assessment Direction, I hereby dismiss this Application as abandoned. The hearing scheduled for June 6, 2012 is hereby cancelled.