Lander v. Citadel Enterprises, 2013 HRTO 1593

Human Rights Tribunal of Ontario

B E T W E E N:

Kenneth Lander Applicant

-and-

Citadel Enterprises/Citadel Holdings/Barne Building and Construction Inc./Midnorth Answering Services and 383507 Ontario Ltd. o/a Midnorth Answering Services Respondents

DECISION

Adjudicator: Alison Renton Date: September 23, 2013 Citation: 2013 HRTO 1593 Indexed as: Lander v. Citadel Enterprises

1This is an Application filed on April 4, 2011, 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 disability and sexual orientation.

2The hearing in this matter is scheduled for October 3 and 4, 2013, in Sudbury, further to the Notice of Confirmation of Hearing dated February 28, 2013. It was sent to the applicant's home address by regular mail and was not returned as being undeliverable. In it, the Tribunal set out the parties' disclosure obligations as required by Rules 16 and 17 of the Tribunal's Rules of Procedure. The respondents have complied with their disclosure obligations, but the applicant has not.

3A Case Assessment Direction dated August 30, 2013 ("the August CAD"), was issued by the Tribunal. In it, the Tribunal advised the applicant that he had not complied with his disclosure obligations and directed that he comply immediately. The Tribunal stated that if the applicant did not comply with this direction within seven days, his Application may be dismissed as abandoned. The August CAD was delivered to the applicant by regular mail and to an email address.

4The applicant did not comply with the direction in the August CAD or otherwise communicate with the Tribunal.

5The respondents wrote to the Tribunal on September 6, 2013, copying the applicant by email, noting that they had not heard from the applicant for many months despite attempts to communicate with him, had not received his disclosure materials, and requesting that the Tribunal dismiss the Application. The respondents' March 21, 2013 correspondence to the Tribunal, on which the applicant was copied by email, noted the date of the hearing and advised that its arguably relevant disclosure information was sent by the respondents to the applicant by express post and email.

6A second CAD, dated September 10, 2013 ("the September CAD"), was issued by the Tribunal as the applicant still had not complied with his disclosure obligations. In it, the Tribunal noted that there was an administrative mistake on the applicant's email address in issuing the August CAD, but the communication sent by regular mail had not been returned to the Tribunal as being undeliverable. The Tribunal stated that another copy of the August CAD would be sent to the applicant.

7Further, the Tribunal again directed the applicant to comply with his disclosure requirements. The Tribunal directed the applicant to file a witness statement about his own anticipated evidence if he intended to be the only witness to testify, and stated that in light of his claim of loss of wages, the Tribunal would expect that the applicant would file some documentation pertaining to his alleged wage loss. The Tribunal warned that if the applicant did not comply with this direction within seven days of the September CAD, the Application would be dismissed as abandoned.

8The September CAD was sent to the parties only by email, and the Tribunal did not receive any notification that the applicant's email copy was undeliverable.

9The applicant did not comply with the directions in the September CAD or otherwise communicate with the Tribunal.

10The respondents wrote to the Tribunal again on September 19 confirming that they still had not heard from the applicant and requesting that the Application be dismissed as abandoned.

11In this case, I am satisfied that the applicant has had sufficient notice of the hearing and has failed to comply with the Tribunal's directions. Accordingly, the October 3 and 4, 2013 hearing dates in Sudbury are cancelled and the Application is dismissed as being abandoned.