Wadden v. Takhar Collection Services Ltd., 2012 HRTO 1755

Human Rights Tribunal of Ontario

B E T W E E N:

Richard Wadden

Applicant

-and-

Takhar Collection Services Ltd.

Respondent

DECISION

Adjudicator: Jennifer Scott

Date: September 17, 2012

Citation: 2012 HRTO 1755

Indexed as: Wadden v. Takhar Collection Services Ltd.

1This is an Application under s. 34 of the Ontario Human Rights Code, R.S.O. c.H.19, as amended.

2By Notice of Confirmation of Hearing dated January 9, 2012, the matter was set down for hearing on July 12 and 13, 2012. The Notice of Confirmation of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure by exchanging with one another and filing with the Tribunal the documents they intend to rely upon at the hearing, a list of their witnesses and a summary of their witnesses’ anticipated evidence by no later than May 28, 2012.

3The hearing dates were cancelled when the applicant advised he had not received the Notice of Confirmation of Hearing dated January 9, 2012. The Notice of Confirmation of Hearing had been sent to the applicant’s address on file. That address had not changed.

4A second Notice of Confirmation of Hearing dated June 29, 2012 was sent to the parties and new hearing dates were set for September 19 and 20, 2012. A new date was set for the parties to comply with their pre-hearing disclosure obligations under Rules 16 and 17 of the Tribunal’s Rules of Procedures of August 7, 2012.

5The parties did not provide their required materials by August 7, 2012.

6In a September 5, 2012, Case Assessment Direction, the Tribunal directed the parties to provide the required materials immediately, and in any event, within seven (7) days of the date of the Case Assessment Direction (September 12, 2012). The parties were advised there were serious consequences for the case if they failed to meet their obligations. The respondent was advised the Tribunal may take any or all of the steps in Rule 5, including not permitting the respondent to call any witnesses at the hearing. The applicant was advised the Application may be deemed to be abandoned.

7The respondent filed its materials on September 7, 2012.

8The applicant did not file his materials as required under the Case Assessment Direction and the deadline has now passed.

9In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

10The Application is dismissed as abandoned.