Velupillai v. Hertz Canada Ltd., 2013 HRTO 1319

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rudy Velupillai

Applicant

-and-

Hertz Canada Ltd.

Respondent

-and-

United Food and Commercial Workers Canada, Local 175

Intervenor

DECISION

Adjudicator: Alison Renton

Date: July 29, 2013

Citation: 2013 HRTO 1319

Indexed as: Velupillai v. Hertz Canada Ltd.

1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of race, place of origin, ethnic origin, association with a person, and reprisal.

2A Notice of Confirmation of Hearing dated February 27, 2013 (“the Notice”), was issued to the parties scheduling the hearing for August 1, and 2, 2013. In it, the Tribunal set out the parties’ disclosure obligations as required by Rules 16 and 17 of the Tribunal’s Rules of Procedure. Amongst other obligations, the Notice advised the parties that they had until June 17, 2013 to comply with their disclosure obligations.

3The Tribunal issued an Interim Decision dated May 14, 2013, 2013 HRTO 803, adding the intervenor.

4On July 9, 2013, and after the parties failed to comply with the June 17, 2013 deadline for their disclosure obligations, the Tribunal issued a Case Assessment Direction (“the July 9 CAD”). In it, the Tribunal alerted the parties to the fact that they had not complied with their disclosure obligations and directed them to comply. Specifically, with respect to the applicant, the Tribunal directed him to immediately file the materials required under Rules 16 and 17 and warned that it he failed to do so within seven days of the July 9 CAD, his Application may be dismissed as abandoned. The applicant did not comply with this direction.

5Another Case Assessment Direction dated July 18, 2013 (“July 18 CAD”) was issued by the Tribunal. In it, the Tribunal noted that the applicant had not complied with his disclosure obligations or the Tribunal’s direction to do so. The Tribunal directed the applicant to immediately comply with his disclosure obligations and stated:

This means that he is required to file with the Tribunal, copying the respondent and the intervenor, any documentation upon which he intends to rely at the hearing, the names of his intended witnesses, which includes himself if the applicant intends to testify, and a summary of the anticipated evidence of he and/or his intended witnesses.

6The Tribunal advised the applicant, in bolded writing, “If the applicant fails to comply with this direction by Wednesday, July 24, 2013 by 5:00 p.m., his Application will be dismissed as abandoned”.

7The applicant still has not complied with this direction. Accordingly, the hearing dates are cancelled and the Application is dismissed.