Knudsen v. 2055495 Ontario Inc. o/a Miska Trailers, 2013 HRTO 1783

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Erik Knudsen

Applicant

-and-

2055495 Ontario Inc. o/a Miska Trailers and Joseph Vandenhurk

Respondents

DECISION

Adjudicator: Sheri D. Price

Date: October 23, 2013

Citation: 2013 HRTO 1783

Indexed as: Knudsen v. 2055495 Ontario Inc. o/a Miska Trailers

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 November 7 and 8, 2013.

2On April 12, 2013, the Tribunal sent the parties a Notice of Hearing directing them to take certain steps in advance of the hearing. In particular, and among other things, the Notice 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 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 23, 2013 (i.e. 45 days before the first scheduled day of hearing).

3Neither the applicant nor the respondents provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by September 23, 2013.

4Accordingly, in an October 2, 2013 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondents and the Tribunal by no later than October 9, 2013; and the respondents to provide the required materials to the applicant and the Tribunal by no later than October 16, 2013.

5In its CAD, the Tribunal warned the parties that there were serious consequences for the case if they did not comply with the Tribunal’s directions. In particular, the Tribunal’s CAD contained the following directions to the applicant:

By no later than October 9, 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 October 9, 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 October 9, 2013.

If the applicant does not communicate with the Tribunal at all by October 9, 2013, his case may be dismissed as abandoned.

6It is now almost two weeks 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 addition, the applicant has not responded to the respondents’ October 16, 2013 letter, seeking to have the Application dismissed as abandoned on the basis of the applicant’s failure to comply with the directions in the Tribunal’s October 2, 2013 CAD.

8In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

9The Application is dismissed as abandoned and the November 7 and 8, 2013 hearing dates are cancelled.