Allen Rosario v. FORM Architecture Engineering, 2013 HRTO 1252

Human Rights Tribunal of Ontario

B E T W E E N:

Allen Rosario

Applicant

-and-

FORM Architecture Engineering

Respondent

DECISION

Adjudicator: Kevin Cleghorn

Date: July 17, 2013

Citation: 2013 HRTO 1252

Indexed as: Rosario v. FORM Architecture Engineering

1This is an Application, dated September 19, 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 disability and record of offences.

2The respondents have filed a Response (Form 2) to the Application. The applicant has filed a Reply to the Response (Form 3).

3On July 3, 2013, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to immediately provide his list of arguably relevant documents and copies of those documents to the respondent and if the applicant had not done so within 10 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 paragraph 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.