HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Yu Naka
Applicant
-and-
Canaan Transport Group Inc. and Danny Liu
Respondents
INTERIM DECISION
Adjudicator: Geneviève Debané
Indexed as: Naka v. Canaan Transport Group Inc.
Introduction
1This is matter is scheduled for hearing in Toronto on October 22 and 23, 2012.
2On October 4, 2012, the Tribunal received on behalf of the applicant a Form 10, Request for an Order During Proceedings, with respect to the failure of Mr. Liu, the personal respondent, to file his hearing materials. In a Case Assessment Direction dated October 9, 2012, the Tribunal directed the respondents to file a Response by no later than October 12, 2012. No response has been received.
3The Tribunal notes that the personal respondent has not filed his witness list or a summary of his expected evidence or his hearing documents, which were due on September 10, 2012.
Decision
4The Tribunal's Rules of Procedure state:
16.1 Not later than 21 days after the Tribunal sends a Confirmation of Hearing to the parties, each party must deliver to every other party (and file a Statement of Delivery):
a) a list of all arguably relevant documents in their possession. Where a privilege is claimed over any document the party must describe the nature of the document and the reason for making the claim; and,
b) a copy of each document contained on the list, excluding any documents for which privilege is claimed.
16.2 Unless otherwise ordered by the Tribunal, not later than (forty-five) 45 days prior to the first scheduled day of hearing, each party must deliver to every other party (and file a Statement of Delivery):
a) a list of documents upon which the party intends to rely; and
b) a copy of each document on the list or confirmation that each document has already been provided to the other parties in accordance with Rule 16.1.
16.3 Unless otherwise ordered by the Tribunal, not later than (forty-five) 45 days prior to the first scheduled day of hearing, each party must file with the Tribunal:
a) a list of documents upon which the party intends to rely; and
b) a copy of each document contained on the list.
16.4 No party may rely on or present any document not included on a document list and provided to other parties in accordance with Rule 16.1 and 16.2, and filed with the Tribunal under Rule 16.3, except with the permission of the Tribunal.
17.1 Unless otherwise ordered by the Tribunal, not later than (forty-five) 45 days prior to the first scheduled day of hearing, each party must deliver a witness list to every other party and file it with the Tribunal, along with a Statement of Delivery. The witness list must include the name of every witness, including expert witnesses, the party intends to present to the Tribunal.
17.2 The witness list must include a brief statement summarizing each witness’ expected evidence.
17.3 A copy of an expert witness’ written report, or full summary of proposed evidence, and curriculum vitae must accompany the witness list.
17.4 No party may present a witness whose name and summary of evidence was not included in a witness list and delivered and filed in accordance with Rules 17.1 and 17.2 or present an expert witness if material has not been delivered and filed in accordance with Rule 17.3, except with the permission of the Tribunal.
5In these circumstances, the Tribunal grants the applicant’s Request for Order and will order Mr. Liu to comply with his obligations under the Rules.
Order
6The Tribunal orders:
a. Danny Liu will by no later than October 19, 2012 deliver to the other parties and file with the Tribunal all documents upon which he intends to rely at the hearing (“Hearing Document List”) and a copy of each document on that list, or confirmation that they do not intend to rely on any documents during the course of the hearing.
b. Danny Liu will by no later than October 19, 2012 deliver to the other parties a witness list and a detailed summary of the expected evidence (will-says) of each witness. Specific events should be described and, if possible, specific dates should be given.
c. Danny Liu will immediately confirm whether he is prepared to confine his evidence to the issues and statements in his response, in which case the Response will serve as his will-say statements.
7In the event that Mr. Liu does not comply with the orders in this Interim Decision, the Tribunal may not permit him to rely on a document or call any witnesses during the course of the hearing in accordance with the Tribunal’s Rules.
8A copy of this Interim Decision will be sent directly to Daniel Liu.
Dated at Toronto, this 16^th^ day of October, 2012.
“Signed by”
Geneviève Debané
Vice-chair