HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Donald James Marttunen
Applicant
-and-
Centennial Golf Course
Respondent
DECISION
Adjudicator: Kevin Cleghorn
Indexed as: Marttunen v. Centennial Golf Course
[1] This is an Application, dated July 26, 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 age.
2By Notice of Confirmation of Hearing (“Notice of Hearing”) dated February 26, 2013, the matter was set down for hearing on September 26, 2013. The Notice of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure. In particular, the Notice of Hearing directed the parties to deliver to each other and file with the Tribunal a list of arguably relevant documents by March 19, 2013. It also directed the parties to exchange with one another and file with the Tribunal the documents they intend to rely upon at the hearing, a list of their witnesses and a summary of their witnesses’ anticipated evidence (the “Pre-Hearing Materials”) by no later than August 12, 2013.
[3] The applicant did not file his Pre-Hearing Materials by August 12, 2013 and on August 14, 2013, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to immediately provide these materials. The CAD advised that 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 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 complied with his pre-hearing obligations nor has he complied with or otherwise 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 and the hearing date is cancelled accordingly.
Dated at Toronto, this 29th day of August, 2013.
“Signed by”
Kevin Cleghorn
Member