HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Derek Moulton
Applicant
-and-
Precision Communication Services
Respondent
DECISION
Adjudicator: Alison Renton
Indexed as: Moulton v. Precision Communication Services
WRITTEN SUBMISSIONS
Derek Moulton, Applicant
No one appearing
Precision Communication Services, Respondent
Jeremy Hann, Counsel
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 with respect to employment because of disability and age.
2Pursuant to a Notice of Confirmation of Hearing dated December 15, 2011, the hearing was scheduled for June 20, 2012. The respondent’s counsel emailed the Tribunal, copying the applicant, advising that the respondent was not available and requested September 12, 2012 as a hearing date. The Tribunal sent an email to the parties dated December 29, 2012, requesting that the applicant confirm his availability for September 12, 2012. The applicant did not respond to the Tribunal’s email and on January 10, 2012, the Tribunal issued a Notice of Confirmation of Rescheduled Hearing (“the Rescheduled Notice”) rescheduling the hearing date for September 12, 2012. The Rescheduled Notice set out the parties’ disclosure obligations pursuant to Rules 16 and 17 of the Tribunal’s Rules of Procedure.
3When neither party complied with their disclosure obligations, the Tribunal issued a Case Assessment Direction (“CAD”) dated August 3, 2012, directing the applicant to immediately file his materials and the respondent to file its materials within 7 days of receiving the applicant’s documents. The applicant was warned that failure to comply with this direction within 7 days of the date of the CAD may result in his Application being dismissed as abandoned. The CAD was sent to the applicant by regular mail and by email and neither has been returned to the Tribunal.
4On August 15, 2012, the respondent emailed the Tribunal, copying the applicant, confirming that it had not received the applicant’s disclosure materials and requesting that the Tribunal dismiss the Application as abandoned. Apart from attending a mediation in September 2011, the Tribunal has not heard from the applicant since that time and the applicant has failed to comply with the Tribunal’s directions.
5In these circumstances, the Application is dismissed as abandoned.
order
6The Application is dismissed and the September 12, 2012 hearing date is cancelled.
Dated at Toronto, this 21st day of August, 2012.
Signed by
Alison Renton
Vice-chair