Curtis v. Sol Group of Career Colleges Ltd., 2012 HRTO 353

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ryan Curtis

Applicant

-and-

Sol Group of Career Colleges Ltd. o/a International House Toronto

Respondent

DECISION

Adjudicator: Mark Hart

Date: February 17, 2012

Citation: 2012 HRTO 353

Indexed as: Curtis v. Sol Group of Career Colleges Ltd.

1On January 31, 2012, I issued a Case Assessment Direction (“CAD”) to alert the applicant to the fact that he had failed to comply with the obligations under Rules 16 and 17 to deliver to every other party and file with the Tribunal a witness list, witness statements, and copies of documents he intended to rely upon no later than 45 days prior to the hearing. I noted that there are serious consequences for the case if this step was not taken, as set out at the end of my Case Assessment Direction.

2The Notice of Confirmation of Hearing dated December 20, 2011 summarized the requirements as follows:

Unless otherwise directed by the HRTO, not later than January 24, 2012 you must deliver to every other party and file with the HRTO:

• a list of all documents you intend to rely on at the hearing;

• a copy of each document on that list for the HRTO;

• a copy of every document on that list for each party or confirmation every document has already been provided to the other parties;

• a witness list that includes the name of every witness, including expert witnesses, you intend to present to the HRTO;

• a statement summarizing the expected evidence of each witness;

• where you intend to rely on the evidence of a proposed expert witness, a copy of the expert’s written report or a full summary of the expert’s proposed evidence and the expert’s curriculum vitae;

• the Statement of Delivery of the Rule 16.2 list and documents on the other parties.

3In C.D. v. Wal-Mart Canada Inc., 2010 HRTO 426, the Tribunal explained, at para. 7:

The exchange of documents (Rule 16) and witness statements (Rule 17) 45 days prior to the hearing is a critical part of the Tribunal’s process. It ensures that each party fully understands the other side’s case and enables the Tribunal to make Case Assessment Directions to structure the hearing. In appropriate cases, adoption of the witness statements may take the place of examination-in-chief of the witness. Witness statements should therefore be detailed and set out the particular evidence that the witness will give, rather than just general topics. A witness statement should be filed for each witness, including an applicant or individual respondent. Where the Application or Response itself makes clear the proposed testimony, the witness statement may simply confirm that the summary of facts in the Application or Response is complete and reflects the evidence that will be given by the applicant or individual respondent.

DECISION

4The applicant was directed by the CAD to immediately file the materials required under Rules 16 and 17. I advised the applicant that if he merely intended to present himself as a witness and to testify as to the matters set out in his Application, then he needed to confirm this with the Tribunal and the respondent. I further advised the applicant that if he has no documents upon which he intends to rely at the hearing, then this also needed to be confirmed. I cautioned the applicant that if he had not responded within 7 days of the date of the Case Assessment Direction, the Application may be dismissed as abandoned.

5It is now February 14, 2012, some 14 days after the date of my CAD, and no communication has been received from the applicant. Accordingly, this Application is dismissed as abandoned and the hearing currently scheduled for March 8 and 9, 2012 is cancelled.