Jordan Ferguson v. Rovers Return Grille and Pub, 2013 HRTO 1048

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jordan Ferguson

Applicant

-and-

Rovers Return Grille and Pub

and Marc Lachance

Respondents

DECISION

Adjudicator: Kevin Cleghorn

Date: June 12, 2013

Citation: 2013 HRTO 1048

Indexed as: Ferguson v. Rovers Return Grille and Pub

1This is an Application, dated March 21, 2012, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment based upon sex, sexual orientation and sexual solicitation and advances.

2The respondents have filed a Response (Form 2) to the Application. The applicant has not filed a Reply to the Response (Form 3).

3On May 21, 2013, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant 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 CAD, the Application may be dismissed as abandoned. In 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.

4The applicant has not responded to the CAD and the time for doing so has now passed.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.