Omar Defillat v. Exhaust Direct Ltd. and Patrick Bruder, 2013 HRTO 966

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Omar Defillat

Applicant

-and-

Exhaust Direct Ltd. and Patrick Bruder

Respondents

DECISION

Adjudicator: Dawn J. Kershaw Date: May 31, 2013 Citation: 2013 HRTO 966 Indexed as: Defillat v. Exhaust Direct Ltd.

1This is an Application under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (“the Code”). A hearing is scheduled for June 20 and 21, 2013.

2On December 5, 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 by January 7, 2013; 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 May 6, 2013 (i.e. 45 days before the first scheduled day of hearing).

3The applicant did not provide the respondents or the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by May 6, 2013.

4Accordingly, in a May 15, 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 respondents or filed with the Tribunal the materials required pursuant to the Tribunal’s Rules of Procedure and/or the May 15, 2013 Case Assessment Direction.

6In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

7The Application is dismissed as abandoned.