Ken Fletcher v. Corporation of the Township of Addington Highlands and Eric Sheppey, 2013 HRTO 249

Human Rights Tribunal of Ontario

B E T W E E N:

Ken Fletcher

Applicant

-and-

Corporation of the Township of Addington Highlands and Eric Sheppey

Respondents

decision

Adjudicator: Mary Truemner

Date: February 12, 2013

Citation: 2013 HRTO 249

Indexed as: Fletcher v. Addington Highlands (Township)

1This is an Application made under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended. The applicant has alleged discrimination on the basis of disability, creed, receipt of public assistance and reprisal, in housing.

2A mediation of this Application was held on April 16, 2012. No settlement was reached. During the course of mediation, the parties canvassed the issue of the removal of the individual respondent, and the applicant was required to write to the Tribunal, stating his intentions with respect to withdrawing as against the personal respondent. He did not. In fact, the applicant has filed nothing with the Tribunal since the mediation, despite a Notice of Confirmation of Hearing sent to the applicant July 6, 2012, which noted that the hearing of his Application is scheduled for March 7, 2013, and that he was to file, by January 21, 2013, documents pursuant to Rules 16 and 17 of the Tribunal’s Rules of Procedure.

3In a February 1, 2013 Case Assessment Direction (“CAD”) the Tribunal noted that the applicant had failed to comply with his obligations under Rules 16 and 17 to deliver to every other party and file with the Tribunal a witness list, witness statements and copies of documents that he intends to rely on no later than 45 days prior to the hearing. The CAD noted that if the applicant failed to file these materials within seven days of the date of the CAD, then the Application may be dismissed as abandoned.

4I am satisfied that the Applicant had notice of the requirement to comply with the Tribunal’s direction regarding the production of documents and witness material or risk dismissal of his Application on the basis that it had been abandoned.

5The applicant has not complied with the Tribunal’s direction requiring him to file the materials noted 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.

6In the circumstances and in view of the applicant’s non-compliance with the Tribunal’s direction, the Application is hereby dismissed as abandoned and the hearing scheduled for March 7, 2013 is cancelled.