Spear v. The Students Association of Lambton College of Applied Arts and Technology, 2014 HRTO 130

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Spear

Applicant

-and-

The Students Association of Lambton College of Applied Arts and Technology

Respondent

DECISION

Adjudicator: Jo-Anne Pickel

Date: January 29, 2014

Citation: 2014 HRTO 130

Indexed as: Spear v. The Students Association of Lambton College of Applied Arts and Technology

1The applicant filed an Application alleging discrimination because of sexual orientation contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The hearing of this Application is scheduled for January 16-17, 2014.

2The Notice of Confirmation of Hearing in this matter set December 2, 2013 as the date by which each party had to comply with their pre-hearing disclosure obligations under Rules 16 and 17 of the Tribunal’s Rules of Procedure.

3The respondents complied with these obligations but the applicant did not. By Case Assessment Directions (“CADs”) dated December 6, 2013 and January 2, 2014, I directed the applicant to comply with his pre-hearing disclosure obligations. In the January 2, 2014 CAD, I advised the applicant that, if he did not comply with his pre-hearing disclosure obligations by January 9, 2014, his Application would be dismissed as abandoned.

4The applicant has failed to comply with the directions in the CAD. He also has not communicated with the Tribunal to provide an explanation or to request an extension of the time-limit stated in the CAD.

5I am satisfied that the Applicant had notice of the requirement to comply with the Tribunal’s directions or risk dismissal of the Application as abandoned.

6In the circumstances, and in view of the applicant’s non-compliance with the Tribunal’s directions, the Application is hereby dismissed as abandoned.