Labiris v. Playit Twice Inc. o/a F.G. Bradley’s, 2014 HRTO 1224

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

George Labiris

Applicant

-and-

Playit Twice Inc. o/a F.G. Bradley’s

Respondent

DECISION

Adjudicator: Kevin Cleghorn

Date: August 15, 2014

Citation: 2014 HRTO 1224

Indexed as: Labiris v. Playit Twice Inc. o/a F.G. Bradley’s

1This is an Application, dated June 14, 2013, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment based upon place of origin, ethnic origin, family status, marital status and/or age.

2By Notice of Hearing dated March 6, 2014, the matter was set down for hearing on August 13, 2014. The Notice of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure. In particular, the Notice of Hearing directed the parties to deliver to each other and file with the Tribunal a list of arguably relevant documents by March 27, 2014. It also directed the parties to exchange with one another and file 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 (the “Pre-Hearing Materials”) by no later than June 30, 2014.

3The applicant did not file his Pre-Hearing Materials by June 30, 2014 and on July 28, 2014, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to immediately provide these materials. The CAD advised that if the applicant had not done so within 7 days of the date of the CAD, the Application may be dismissed as abandoned. In C.D. v. Wal-Mart Canada Inc., 2010 HRTO 426, the Tribunal explained, at paragraph 7:

The exchange of documents (Rule 16) and witness statements (Rule 17) 45 days prior to the hearing is a critical part of the Tribunal’s process. It ensures that each party fully understands the other side’s case and enables the Tribunal to make Case Assessment Directions to structure the hearing. In appropriate cases, adoption of the witness statements may take the place of examination-in-chief of the witness. Witness statements should therefore be detailed and set out the particular evidence that the witness will give, rather than just general topics. A witness statement should be filed for each witness, including an applicant or individual respondent. Where the Application or Response itself makes clear the proposed testimony, the witness statement may simply confirm that the summary of facts in the Application or Response is complete and reflects the evidence that will be given by the applicant or individual respondent.

4The applicant has not complied with his pre-hearing obligations nor has he complied with the CAD and the time for doing so has now passed. It should be noted that the Notice of Hearing was forwarded to the applicant by ordinary mail on March 6, 2014 and was not returned to the Tribunal. The CAD was forwarded to the applicant by e-mail (at an e-mail address from which the applicant communicated with the Tribunal as late as July 17, 2014) and by ordinary mail. The Tribunal has not received any notification from the applicant of any change of mailing and/or e-mail address during the course of this process.

5The applicant communicated with the Tribunal by email on August 6, 2014 requesting additional time to file his witness statements and denying receipt of the notification for the date of the mediation and the Notice of Hearing. The email he used was the same one that the Tribunal had sent the CAD to. By e-mail forwarded to him at the same e-mail address on August 7, 2014, and simultaneously to the respondent’s counsel, the parties were advised to attend for the hearing scheduled on August 13, 2014 at 9:30 a.m. They were asked to be prepared for commencement of the hearing as scheduled and to make argument as to whether the application should be dismissed for the failure of the applicant to comply with Rules 16 and 17 and/or adjournment of the hearing.

6The respondent attended at the hearing on August 13, 2014 with counsel for its scheduled commencement at 9:30 a.m. The applicant failed to appear, nor was any explanation offered for his failure to appear by e-mail and/or telephone. As of 12:30 p.m., the applicant has failed to attend for the hearing and has not been heard from in any respect whatsoever.

7In the circumstances, the applicant is deemed to have abandoned the Application.

8The Application is hereby dismissed.