Crow v. Keewatin-Patricia District School Board, 2012 HRTO 1757

Human Rights Tribunal of Ontario

Between:

Allan Crow Applicant

-and-

Keewatin-Patricia District School Board Respondent

Decision

Adjudicator: Eric Whist Date: September 18, 2012 Citation: 2012 HRTO 1757 Indexed as: Crow v. Keewatin-Patricia District School Board

Written Submissions

Keewatin-Patricia District School Board, Respondent Don Shanks, 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, alleging discrimination in employment on the basis of race and ethnic origin.

2The Tribunal issued a Case Assessment Direction (“CAD”) on August 27, 2012, alerting the applicant to the fact that he had failed to comply with his obligations under Rules 16 and 17 of the Tribunal’s Rules of Procedure. Under Rules 16 and 17 the applicant was required to deliver to the respondent 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 directed the applicant to file these materials within seven days of the date of the CAD and indicated that otherwise the Application may be dismissed as abandoned.

3The applicant has not complied with the Tribunal’s direction to file the required materials 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.

4On September 17, 2012, the respondent filed brief written submissions asking that the Tribunal dismiss the Application on the grounds that the applicant had failed to comply with the Tribunal’s CAD.

5I note that the Tribunal’s August 27, 2012 CAD was mailed to the applicant at the address provided by the applicant on his Application. It was also emailed to the applicant. I am satisfied that the applicant has had notice to comply with the Tribunal’s direction regarding the production of documents and witness material or risk dismissal of his Application.

6In the circumstances and in view of the applicant’s non-compliance with the Tribunal’s direction, the Application is hereby dismissed as abandoned.