Abdel Malek Zorgane v. Manh Dinh Le, 2013 HRTO 1691

Human Rights Tribunal of Ontario

B E T W E E N:

Abdel Malek Zorgane

Applicant

-and-

Manh Dinh Le

Respondent

DECISION

Adjudicator: Sheri D. Price

Date: October 8, 2013

Citation: 2013 HRTO 1691

Indexed as: Zorgane v. Manh Dinh Le

1This is an Application under s.34 of the Ontario Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the "Code"). The Application is scheduled to be heard on October 16, 2013.

2On March 27, 2013, the Tribunal sent the parties a Notice of Confirmation of Hearing directing them to take certain steps in advance of the hearing. In particular, and among other things, the Notice of Confirmation of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal's Rules of Procedure by providing one another with copies of their arguably relevant documents within 21 days of the date of the Notice of Confirmation of Hearing; and by exchanging with one another and filing with the Tribunal the documents they intended to rely upon at the hearing, a list of their witnesses and a summary of their witnesses' anticipated evidence by no later than September 3, 2013 (i.e. 45 days before the first scheduled day of hearing).

3Neither the applicant nor the respondent provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal's Rules of Procedure by September 3, 2013.

4Accordingly, in a September 20, 2013 Case Assessment Direction ("CAD"), the Tribunal directed the parties to provide the required materials to one another and the Tribunal by no later than September 27, 2013.

5In its CAD, the Tribunal warned the parties that there were serious consequences for the case if they did not comply with their obligations under the Tribunal's Rules by September 27, 2013. In particular, the Tribunal's CAD contained the following directions to the applicant:

By no later than September 27, 2013, the applicant must deliver to the respondent and file with the Tribunal the documents he intends to rely upon at the hearing, a list of his witnesses and a brief statement describing what his witnesses will say when they testify. If the applicant has not complied with this direction by September 27, 2013, the Application may be dismissed as abandoned.

The applicant is reminded that he must also submit a witness statement for himself, assuming he intends to testify at the hearing. However, if the applicant only intends to testify about the facts already contained in his Application, it is sufficient for him to confirm this in writing by September 27, 2013.

If the applicant does not communicate with the Tribunal at all by September 27, 2013, his case may be dismissed as abandoned.

6It is now more than one week past the applicant's deadline for complying with the Tribunal's directions and the applicant has not filed the required materials with the Tribunal, nor has he communicated with the Tribunal.

7In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

8The Application is dismissed as abandoned and the October 16, 2013 hearing is cancelled.