Nickie v. Calisolar Canada Inc., 2013 HRTO 641

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dexter Nickie

Applicant

-and-

Calisolar Canada Inc. (aka Silicor Materials)

Respondent

DECISION

Adjudicator: Douglas Sanderson

Date: April 18, 2013

Citation: 2013 HRTO 641

Indexed as: Nickie v. Calisolar Canada Inc.

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to employment because of race.

2By Notice of Confirmation of Hearing dated November 15, 2012, the matter was set down for hearing on May 6 and 7, 2013. The Notice of Confirmation of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal's Rules of Procedure by exchanging with one another and filing with the Tribunal the documents they intend to rely upon at the hearing, a list of their witnesses and a summary of their witnesses' anticipated evidence by no later than March 22, 2013. Both parties failed to provide their pre-hearing documents on time.

3By Case Assessment Direction ("CAD"), dated April 3, 2013, the Tribunal directed the parties to provide the required hearing materials immediately, and in any event, within seven (7) days of the date of the CAD, i.e., April 10, 2013. The parties were advised there were serious consequences for the case if they failed to meet their obligations. The applicant was advised the Application may be dismissed as abandoned. The respondents were advised the Tribunal may take any or all of the steps in Rule 5, including not permitting them to call any witnesses at the hearing. The CAD was sent to the parties electronically and by regular mail.

4The respondent provided its required materials on April 10, 2013.

5As of the date of this Decision, the applicant has not filed the materials as required, and did not contact the Tribunal to advise the reason for his failure to comply with the direction set out in the CAD. In the circumstances, it appears that the applicant does not intend to proceed with the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

6The Application is dismissed as abandoned and the hearing dates of May 6 and 7, 2013 are cancelled.