Claxton v. The Regional Municipality of Peel Police Services Board, 2013 HRTO 2104

Human Rights Tribunal of Ontario

B E T W E E N:

Gregory Claxton

Applicant

-and-

The Regional Municipality of Peel Police Services Board, Dave Dhillon and Tom Rodziewicz

Respondents

DECISION

Adjudicator: Jay Sengupta

Date: December 19, 2013

Citation: 2013 HRTO 2104

Indexed as: Claxton v. The Regional Municipality of Peel Police Services Board

Introduction

1The applicant filed an Application alleging discrimination because of race, colour, ancestry, ethnic origin and age, contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The hearing of this Application is scheduled for January 10, 2013.

2The Notice of Confirmation of Hearing in this matter set November 26, 2013 as the date by which each party had to comply with their pre-hearing disclosure obligations under Rules 16 and 17 of the Tribunal’s Rules of Procedure.

3The respondents complied with these obligations but the applicant did not. By Case Assessment Direction (“CAD”) dated December 9, 2013, I advised the applicant that he had failed to meet his pre-hearing disclosure obligations. I directed the applicant to comply immediately with his disclosure obligations by delivering to the respondent and filing with the Tribunal a witness list, witness statements, and copies of documents he intended to rely upon at the hearing. I also noted that the applicant was required to either submit a witness statement for himself if he was the only witness who would testify in support of the Application at the hearing or confirm that the summary of facts in the Application is complete and reflects the evidence that will be given by him.

4In the CAD, I advised the applicant that if he did not file these materials within 7 days of the date of the CAD, the Application might be dismissed as abandoned.

5The applicant has failed to comply with the directions in the CAD. He also has not communicated with the Tribunal to provide an explanation or to request an extension of the time-limit stated in the CAD.

6I am satisfied that the applicant had notice of the requirement to comply with the Tribunal’s directions regarding the disclosure of documents and witness material or risk dismissal of the Application as abandoned.

7In the circumstances, and in view of the applicant’s non-compliance with the Tribunal’s direction, the Application is hereby dismissed as abandoned.