Ruben v. Ontario (Community Safety and Correctional Services), 2013 HRTO 1937

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sam Ruben Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services (Central East Correctional Centre) Respondent

DECISION

Adjudicator: Maureen Doyle Date: November 21, 2013 Citation: 2013 HRTO 1937 Indexed as: Ruben v. Ontario (Community Safety and Correctional Services)

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination in the provision of services because of disability.

2The respondent filed a Response, denying any discrimination contrary to the Code.

3This matter was scheduled to be heard on November 25, 26 and 27, 2013.

4On October 29, 2013, the Tribunal issued a Case Assessment Direction (CAD) in which it alerted the applicant to the fact that he had failed to comply with his obligations under Rules 16 and 17 to deliver to every other party and to file with the Tribunal a witness list, witness statement and copies of documents upon which he intended to rely, no later than 45 days prior to the hearing. It directed the applicant to file the materials immediately with the Tribunal and indicated that if he had not done so within 7 days of the CAD, the Application may be dismissed as abandoned. The CAD was sent via courier and via email. The couriered copy was returned as undeliverable, but the email was not.

5The applicant did not file any materials, but on November 5, 2013, he sent an email to the Tribunal indicating he would “be speaking…about” his case at the hearing and stating that he was “unable to produce any witnesses or documentation” for the hearing.

6On November 6, 2013, the Tribunal issued a CAD, noting the content of the applicant’s email and directing him to confirm to the other party and to the Tribunal as to whether he would be testifying at the hearing. He was also directed to provide a will-say statement of his proposed testimony, or to confirm that his testimony would be confined to the statements contained in his Application. In the CAD, the Tribunal directed him to provide this information to the respondent and to file it with the Tribunal within 7 days of the CAD, and the Tribunal advised that if he failed to do so, the Application may be dismissed as abandoned. The CAD was sent to the applicant via email and has not been returned to the Tribunal as undeliverable.

7I am satisfied that the applicant had notice of the requirement to comply with the Tribunal’s order regarding production of documentation regarding testimony or risk dismissal of his Application on the basis that it had been abandoned.

8The applicant has not complied with the Tribunal’s order requiring production of documentation regarding testimony, nor has he communicated with the Tribunal to explain his inability to do so or to request an extension of the time limit stated in the CAD.

9In the circumstances, and in view of the applicant’s non-compliance with the Tribunal’s order, the applicant is deemed to have abandoned the Application. The Application is dismissed. The hearing dates in this matter are cancelled.