HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Pierre Mbwakindembe
Applicant
-and-
Nick’s Courier
Respondent
DECISION
Adjudicator: Eric Whist
Indexed as: Mbwakindembe v. Nick’s Courier
Introduction
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment on the basis of race, colour, creed and reprisal.
2In a January 15, 2013 Case Assessment Direction (“CAD”) the Tribunal noted that the applicant and respondent had failed to comply with their 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 that they intend to rely on no later than 45 days prior to the hearing. The CAD noted that if the applicant failed to file these materials within 7 days of the date of the CAD the Application may be dismissed as abandoned.
3On January 22, 2013 the respondent filed with the Tribunal its hearing documents, and identified its witness and his intended evidence. The Tribunal has received no response to its January 15, 2013 CAD from the applicant.
4The Tribunal sent its January 15, 2013 CAD to the applicant by email and by mail at the email and mailing addresses provided by the applicant in his Application. I am consequently satisfied that the applicant had been duly served notice of the requirement to comply with the Tribunal’s direction regarding production of documents and witness material or risk dismissal of his Application on the basis that it had been abandoned.
5The applicant has not complied with the Tribunal’s direction requiring him to file the materials noted nor has he communicated with the Tribunal to explain his inability to do so or to request an extension of the time limit stated in the CAD.
6In the circumstances and in view of the applicant’s non-compliance with the Tribunal’s direction, the Application is hereby dismissed as abandoned.
Dated at Toronto, this 28th day of January, 2013.
”signed by”
Eric Whist
Vice-chair