Woolnough v. Tomru Holdings Limited, 2013 HRTO 196

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Karl Woolnough

Applicant

-and-

Tomru Holdings Limited o/a Best Western Fireside Inn Kingston

Respondent

DECISION

Adjudicator: Paul Aterman

Date: February 4, 2013

Citation: 2013 HRTO 196

Indexed as: Woolnough v. Tomru Holdings Limited

1This is an Application under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (“the Code”). A hearing is scheduled for February 27, 2013.

2On June 22, 2012, the Tribunal sent the parties a Notice of Confirmation of Hearing directing them to take certain steps in advance of the hearing. 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. It also directed them to exchange with one another and file 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. This was to be done by no later than January 14, 2013 (i.e. 45 days before the scheduled hearing).

3Neither the applicant nor the respondent provided each other or the Tribunal with the materials required under Rules 16 and 17 by January 14, 2013.

4Accordingly, in a Case Assessment Direction dated January 21, 2013, I directed the applicant and respondent to provide the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure within seven days. The applicant was advised that failing to do so could result in the Tribunal dismissing the Application as abandoned. The respondent was advised that its failure to comply could result in the Tribunal limiting the evidence that the respondent would be allowed to rely upon at the hearing.

5Neither party has complied with the Tribunal’s directions and the deadline for doing so has now passed. In the circumstances, it appears that the applicant has abandoned his Application. Accordingly, the Application is dismissed as abandoned.