Dwyer v. Sleeman Breweries Ltd., 2013 HRTO 1399

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Steven Dwyer

Applicant

-and-

Sleeman Breweries Ltd.

Respondent

DECISION

Adjudicator: Brian Cook

Date: August 14, 2013

Citation: 2013 HRTO 1399

Indexed as: Dwyer v. Sleeman Breweries Ltd.

1The applicant filed an Application on November 13, 2012, alleging discrimination in employment because of disability. The Application was delivered to the respondent which filed a Response on February 8, 2013.

2The parties attended a mediation session at the Tribunal on April 17, 2013 but the matter was not resolved. The Tribunal scheduled the case for hearing on September 3 and 4, 2013. The Notice of Hearing was sent to the parties on April 24, 2013. There is nothing to suggest that it was not received by both parties.

3The Notice of Hearing stated in part as follows:

Unless otherwise directed by the HRTO, not later than July 22, 2013 you must deliver to every other party and file with the HRTO:

• a list of all documents you intend 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 respondent provided a package of documents and witness statements. The applicant has not provided any documents apart from those filed with the Application. As the Tribunal had not received any communication from the applicant, it issued a Case Assessment Direction to clarify if the applicant wished to pursue the matter.

5The Case Assessment Direction was dated July 30, 2013. It advised the applicant that he was required to file any documents he might want to rely on at the hearing. He was advised that he was not required to file any additional documents if there were no further documents he intended to rely on. The Case Assessment Direction stated the following:

The applicant is not required to provide any additional documents or witness statements if he does not wish to rely on any additional documents or witnesses. However, since the Tribunal has not heard from the applicant for some time, the applicant must send written confirmation to the Tribunal and the respondent that he intends to participate in the hearing.

The applicant must provide this confirmation and/or additional documents and witness statements no later than August 9, 2013. If the Tribunal has not heard from the applicant by that date it may determine that the applicant has abandoned the Application and it may be dismissed on that basis.

6The Tribunal has received no communication from the applicant in response to the Case Assessment Direction. The Case Assessment Direction was sent to the applicant using the contact information he provided and there is nothing to suggest that he did not receive it.

7It appears that the applicant has abandoned the Application, and it is dismissed on that basis.

DECISION

8The Application is dismissed as abandoned.

9The hearing scheduled for September 3 and 4, 2013, is canceled.