Nana Kyeame v. Massiv Die-Form, 2013 HRTO 267

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nana Kyeame

Applicant

-and-

Massiv Die-Form, a division of the Magna Technology and Tooling Systems Group of Magna International Inc.

Respondent

DECISION

Adjudicator: Sheri Price

Date: February 15, 2013

Citation: 2013 HRTO 267

Indexed as: Kyeame v. Massiv Die-Form

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 February 25, 2012.

2On July 31, 2012, the Tribunal sent the parties a Notice of Confirmation of Hearing directing them to take certain steps in advance of the hearing. In particular, and among other things, 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; 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 January 11, 2013 (i.e. 45 days before the first scheduled day of hearing).

3The applicant did not provide the respondent or the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by January 11, 2013.

4Accordingly, in a January 18, 2013 Case Assessment Direction, the Tribunal directed the applicant to provide the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure immediately, and in any event within seven (7) days, failing which the Application might be dismissed by the Tribunal as abandoned.

5The applicant’s deadline for complying with the Tribunal’s directions has now passed and the applicant has not delivered to the respondent or filed with the Tribunal the materials required pursuant to the Tribunal’s Rules of Procedure and/or the January 18, 2013 Case Assessment Direction.

6In addition, the applicant has not responded to the respondent’s January 28, 2013 letter, seeking to have the Application dismissed on the basis of the applicant’s ongoing failure or refusal to comply with the Tribunal’s Rules and its January 2013 Case Assessment Direction.

7In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

8The Application is dismissed as abandoned.