Baumhour v. 1630709 Ontario Inc., 2012 HRTO 1799

Human Rights Tribunal of Ontario

B E T W E E N:

Gregory Baumhour

Applicant

-and-

1630709 Ontario Inc., O/A The Moose Cafe

Respondent

DECISION

Adjudicator: Maureen Doyle Date: September 20, 2012 Citation: 2012 HRTO 1799 Indexed as: Baumhour v. 1630709 Ontario Inc

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 with respect to employment because of disability, race, colour, ancestry and creed.

2On March 13, 2012, the Tribunal sent the parties a Notice of Confirmation of Hearing, advising that the matter was scheduled to be heard September 26 and 27, 2012, and directing them to take certain steps in advance of the hearing. In particular, and among other things, the Notice of Confirmation of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure by delivering to every other party and by filing with the Tribunal a witness list, witness statements, and copies of documents the parties intended to rely upon no later than August 13, 2012.

3The parties did not fulfill their obligations pursuant to Rules 16 and 17 by August 13, 2012, and the Tribunal sent a Case Assessment Direction (CAD) reminding them of their obligations and directing them to file the materials required under Rules 16 and 17 within certain timelines, failing which the CAD advised that there would be serious consequences to them. The applicant was specifically advised that if he did not comply with this direction, his Application might be dismissed as abandoned. The applicant was to fie the required materials within 7 days of the CAD.

4The applicant was directed in two separate documents from the Tribunal to comply with the requirements under Rules 16 and 17. The CAD specifically advised the applicant that if he did not comply within 7 days of the date of the CAD, his Application may be dismissed as abandoned. This deadline has passed. The Tribunal has not received the documentation required of the applicant, nor has it received any explanation for his failure to do so or any other communication from him.

5In view of the applicant’s failure to respond to direction from the Tribunal, I find that he has abandoned his Application. Accordingly, the Application is dismissed and the September 26 and 27, 2012 hearing dates are cancelled.