David Moyal v. City of Toronto and Daniel Pang, 2013 HRTO 75

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Moyal

Applicant

-and-

City of Toronto and Daniel Pang

Respondents

DECISION

Adjudicator: David A. Wright

Date: January 15, 2013

Citation: 2013 HRTO 75

Indexed as: Moyal v. Toronto (City)

1The hearing in these Applications is scheduled for April 16 and 17, 2013. The applicant failed to deliver to the respondents and file with the Tribunal the arguably relevant documents in his possession as required by Rule 16.1 and directed in the Notice of Hearing, despite his request for an extension.

2In a Case Assessment Direction (“CAD”) dated November 29, 2012, and delivered to the applicant by e-mail, the applicant was directed to deliver his arguably relevant documents to the respondents, and to file with the Tribunal a Form 23 confirming delivery, within two weeks. The CAD noted that the Application may be dismissed as abandoned if the applicant failed to do so. The applicant failed to communicate with the Tribunal in response.

3In a further CAD dated January 4, 2013, the applicant’s attention was directed to the fact that he had still not delivered the documents as required. The CAD stated that if the applicant failed to deliver his arguably relevant documents to the respondents and file with the Tribunal a confirmation of delivery within seven days, the Applications may be dismissed as abandoned and the hearings cancelled. The CAD was sent to the applicant by e-mail and courier. The Tribunal has received no communication of any kind from the applicant since that date.

4In the circumstances, these Applications are dismissed as abandoned and the hearing is cancelled.