Racha Raad v. Laurentian University, 2012 HRTO 108

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Racha Raad

Applicant

-and-

Laurentian University

Respondent

decision

Adjudicator: Ian R. Mackenzie

Date: January 16, 2012

Citation: 2012 HRTO 108

Indexed as: Raad v. Laurentian University

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The applicant has alleged discrimination in services on the basis of race, ethnic origin, place of origin and creed. The hearing of this Application is scheduled for January 23 and 24, 2012.

2A Notice of Confirmation of Hearing was sent to the parties on August 29, 2011. The Notice stated that the applicant and respondent were required to disclose and file documents to be relied upon at the hearing, witness lists and summaries of the intended testimony of witnesses, by December 9, 2011 (as required under Tribunal Rules 16.2, 16.3, 17.1 and 17.2).

3In a December 22, 2011, Case Assessment Direction ("CAD"), the Tribunal noted that the applicant and the respondent had failed to comply with their disclosure obligations under the Rules. The CAD noted that if the applicant failed to file these materials by January 12, 2012, the Application may be dismissed as abandoned.

4The respondent complied with the direction to file its documents, witness list and summary of witness' evidence. The applicant did not comply with the requirement.

5I am satisfied that the Applicant had notice of the requirement to comply with the Tribunal's direction regarding the production of documents and witness material or risk dismissal of the Application on the basis that it had been abandoned.

6The applicant has not complied with the Tribunal's direction requiring the filing of materials. The applicant has not communicated with the Tribunal to provide an explanation or to request an extension of the time limit stated in the CAD.

7In the circumstances and in view of the applicant's non-compliance with the Tribunal's direction, the Application is hereby dismissed as abandoned.