Braun v. Sunshine Landscaping, 2012 HRTO 865

Human Rights Tribunal of Ontario

B E T W E E N:

Ramy Braun

Applicant

-and-

Sunshine Landscaping, Valdir Prado and Alex Paraskevopoulos

Respondents

Decision

Adjudicator: David Muir

Date: May 1, 2012

Citation: 2012 HRTO 865

Index as: Braun v. Sunshine Landscaping

1This is an Application filed pursuant to section 23 of Part IV of the Ontario Human Rights Code c.H19, as amended (the “Code”).

2In a Case Assessment Direction dated April 19, 2012 the parties were alerted to the fact that that they 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 they intended to rely upon no later than 45 days prior to the hearing. The parties were reminded that there were serious consequences for their case if their obligations under the Rules were not met.

3The applicant was pointed to the Notice of Confirmation of Hearing which provided as follows:

Unless otherwise directed by the HRTO, not later than April 16, 2012 you must deliver to every other party and file with the HRTO:

• a list of all documents you intends 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.

4The applicant was then directed to immediately file the materials required under Rules 16 and 17, and if the applicant had not done so within 7 days of the date of the Case Assessment Direction, the Application may be dismissed as abandoned.

5As of this writing nothing has been received from the applicant. Indeed a review of the file reveals that there has been no communication from the applicant since March 2011. In all the circumstances it appears to me that the applicant has abandoned this Application and therefore it should be dismissed.