Introduction

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”), alleging discrimination in employment on the basis of disability, sex, association with a person based on a Code-related ground and reprisal. The respondents have filed a Response denying the allegations in the Application. This matter is scheduled for hearing in St. Catherines on July 9, 10 and 11, 2012.

2On May 17, 2012, the Tribunal issued Interim Decision 2012 HRTO 1003 which states at paragraph 9:

The Tribunal therefore Orders the following:

a. Within 10 days of the date of this Interim Decision the applicant shall deliver to the respondents and file with the Tribunal the following;

i. particulars of the facts that he relies on in support of his Application, including;

How each of the respondents alleged infringed his rights under the Code;
Specifics, of the alleged sexual comments and/or remarks that were made including, by who and to whom these comments were allegedly made and the dates on which they were made; and
Specifics, of the applicant’s alleged complaints to management.

ii. A Reply which addresses the issues raised in the respondent’s Response; and

iii. Any submissions with respect to the removal of the individual respondents; and

iv. Confirmation that the applicant has delivered to the respondent all arguably relevant documents.

3The applicant has not complied with the Order.

4On May 29, 2012, the Registrar received an email from the applicant which states, “I just received the letter and will be forwarding all required documents”.

5On May 31, 2012, the Tribunal issued a Case Assessment Direction which states at paragraph 9:

The Tribunal directs the applicant as follows:

a. The applicant must immediately comply with the Orders set out in the Interim Decision and advise the Tribunal that he has done so by no later than June 6, 2012;

b. The applicant must confirm to the respondents and the Tribunal that he wishes to continue with this Application and that he will be attending the scheduled hearing by no later than June 6, 2012;

c. The applicant will immediately deliver to the respondents all documents upon which he intends to rely at the hearing (“Hearing Document List”) and a copy of each document on that list, or confirmation that he does not intend to rely on any documents during the course of the hearing. The applicant will also file with the Tribunal a copy of the Hearing Document List and a copy of each document on that list, or advise the Tribunal in writing that he does not intend to rely on any documents during the hearing no later than June 6, 2012;

d. The applicant will immediately deliver to the respondents a witness list and a detailed summary of the expected evidence (will-says) of each witness. Specific events should be described and, if possible, specific dates should be given. The witness list and the will-say statements of each witness must be filed with the Tribunal no later than June 6, 2012; and

e. The applicant will immediately confirm to the respondents whether he is prepared to confine his evidence to the issues and allegations made in the Application, Reply and statement of particulars (“applicant pleadings”), in which case these documents will serve as his will-say statements. The applicant must confirm with the Tribunal whether he intends to confine his evidence to the applicant pleadings no later than June 6, 2012.

6The applicant has not complied with the Directions in the Case Assessment Direction and the Tribunal has received no communication from the applicant. I am satisfied that the Case Assessment Direction was sent to the applicant’s e-mail address.

Order

7Having reviewed this matter, I am satisfied that the applicant has abandoned the Application since the applicant has not complied with the Orders in the Interim Decision or the Directions in the Case Assessment Direction. In addition, the applicant failed to advise the Tribunal of his intentions with respect of the Application as directed by the Case Assessment Direction. The applicant was warned in both the Interim Decision and the Case Assessment Direction that a failure to respond could result in his Application being dismissed as abandoned.

8The Application is dismissed. Accordingly, the hearing dates are cancelled.

Dated at Toronto, this 14^th^ day of June, 2012.

“Signed by”

Geneviève Debané

Vice-chair

Spadafora v. Minacs, 2012 HRTO 1170

Case Summary

Introduction

Order