Arman Azar v. Global Credit & Collection Inc., 2012 HRTO 1138

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Arman Azar

Applicant

-and-

Global Credit & Collection Inc. and Michael Purcell

Respondents

DECISION

Adjudicator: Sheri D. Price

Date: June 11, 2012

Citation: 2012 HRTO 1138

Indexed as: Azar v. Global Credit & Collection Inc.

1This is an Application under s.34 of the Ontario Human Rights Code, R.S.O. c.H.19, as amended (“the Code”). A hearing is scheduled for June 21, 2012.

2On December 12, 2011, the Tribunal sent the parties a Notice of Confirmation of Hearing directing them to take certain steps in advance of the hearing. In particular, and among other things, the Notice of Confirmation of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure by providing one another with copies of their arguably relevant documents within 21 days of the date of the Notice of Confirmation of Hearing; and by exchanging with one another and filing with the Tribunal the documents they intended to rely upon at the hearing, a list of their witnesses and a summary of their witnesses’ anticipated evidence by no later than May 7, 2012 (i.e. 45 days before the first scheduled day of hearing).

3The Notice of Confirmation of Hearing was delivered to the applicant at the contact information provided by him to the Tribunal and was not returned to the Tribunal as undeliverable. However, the applicant did not provide the respondent or the Tribunal with any of the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure.

4Accordingly, in a May 28, 2012 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to file the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure, immediately and in any event within seven (7) days (i.e. by June 4, 2012), failing which the Application might be dismissed by the Tribunal as abandoned. The Tribunal also advised the applicant that he was required to file a witness statement for each witness who might be called to testify on his behalf, including the applicant himself, even if his witness statement only indicated that the summary of facts in the Application reflected the evidence to be given by the applicant.

5The applicant has confirmed to the Tribunal by telephone that he received its May 28, 2012 CAD by regular mail.

6The applicant’s deadline for complying with the Tribunal’s directions has now passed and the applicant has not delivered to the respondent or filed with the Tribunal any of the materials required pursuant to the Tribunal’s Rules of Procedure and/or the May 28, 2012 CAD.

7In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

• The Application is dismissed as abandoned.