Tousignant v. Windsor Airline Limousine Services Limited o/a Veteran Cab Co., 2013 HRTO 273

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Curtis Tousignant

Applicant

-and-

Windsor Airline Limousine Services Limited o/a Veteran Cab Co. and Badhane Tusa

Respondents

DECISION

Adjudicator: Kathleen Martin

Date: February 15, 2013

Citation: 2013 HRTO 273

Indexed as: Tousignant v. Windsor Airline Limousine Services Limited o/a Veteran Cab Co.

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on December 14, 2011. The Application is scheduled to proceed to a hearing on March 6, 2013.

2On February 5, 2013, I issued a Case Assessment Direction (“CAD”) to alert the applicant to the fact that he had failed to comply with the obligations under Rules 16 and 17 to deliver to the respondents and file with the Tribunal a witness list, witness statements, and copies of documents he intended to rely upon no later than 45 days prior to the hearing. The CAD directed the applicant to comply with these requirements within seven days of the date of the CAD and alerted the applicant to the fact that if he failed to do so, the Application may be dismissed as abandoned.

3The CAD was sent to the applicant by mail and email at the addresses on file (an updated mailing address provided to the Tribunal on July 16, 2012 and the email address set out in the Application). Neither copy has been returned to the Tribunal.

4These obligations were originally set out in the Notice of Confirmation of Hearing that was sent to the parties on August 29, 2012. The Notice was sent to the applicant’s mailing address on file for the applicant and was not returned to the Tribunal.

5Subsequent to the Notice of Confirmation of Hearing, the organizational respondent filed a Request for Order During Proceedings seeking production of documents from a non-party which was copied to the other parties. The applicant did not respond to the Request and the Tribunal determined the issue based on what had been filed: 2012 HRTO 1943.

6The Tribunal’s file does not include any record of contact with the applicant since July 16, 2012.

7Having regard to the foregoing, it would appear that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned and the hearing date of March 6, 2013 is cancelled.