Rutledge v. Shannon Steel Inc., 2012 HRTO 120

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Wayne Rutledge

Applicant

-and-

Shannon Steel Inc. and Denise Brough

Respondents

decision

Adjudicator: Keith Brennenstuhl

Date: January 17, 2012

Citation: 2012 HRTO 120

Indexed as: Rutledge v. Shannon Steel Inc.

1This is an Application made under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H-19, as amended. The applicant has alleged discrimination on the basis of race, ancestry, ethnic origin, sex, and sexual orientation in employment. The hearing into this matter is scheduled for January 18, 19 and 20, 2012.

2In a January 4, 2012, Case Assessment Direction (“CAD”) the Tribunal noted that the applicant had failed to comply with his obligations under Rules 16 and 17 to deliver to every other party and file with the Tribunal a witness list, witness statements and copies of documents that he intends to rely on no later than 45 days prior to the hearing. The CAD noted that if the applicant failed to file these materials within 10 days of the date of the CAD the Application may be dismissed as abandoned.

3I 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 his application on the basis that it had been abandoned.

4The applicant has not complied with the Tribunal’s direction requiring him to file the materials noted nor has he communicated with the Tribunal to explain his inability to do so or to request an extension of the time limit stated in the CAD.

5In the circumstances and in view of the applicant’s non-compliance with the Tribunal’s direction, the Application is hereby dismissed as abandoned.