Ronald Marston v. Her Majesty the Queen in Right of Ontario as Represented by the Minister of Children and youth Services, 2014 HRTO 1368

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ronald Marston

Applicant

-and-

Her Majesty the Queen in Right of Ontario as Represented by the Minister of Children and youth Services, Laurie-Lee Steeles, Mark Mikoluff, James Culp and Don Chapman

Respondents

DECISION

Adjudicator: Keith Brennenstuhl

Date: September 16, 2014

Citation: 2014 HRTO 1368

Indexed as: Marston v. Ontario (Children and FamilyServices)

1This is an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The Application is scheduled to be heard on October 8th and 9th, 2014.

2On March 18, 2014, the Tribunal sent the parties a Notice of Hearing directing them to take certain steps in advance of the hearing. In particular, and among other things, the Notice 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 within 21 days of the date of the Notice of Hearing; 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 August 25, 2014 (i.e. 45 days before the first scheduled day of hearing).

3The applicant has not provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by August 25, 2014.

4Accordingly, in a September 8, 2014 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondents and the Tribunal by no later than September 12, 2014;

5In its CAD, the Tribunal warned the parties that there were serious consequences for the case if they did not comply with the Tribunal’s directions. In particular, the Tribunal’s CAD contained the following directions to the applicant:

By no later than September 12, 2014, the applicant must deliver to the respondent and file with the Tribunal the documents he intends to rely upon at the hearing, a list of his witnesses and a brief statement describing what his witnesses will say when they testify. If the applicant has not complied with this direction by September 12, 2014, the Application may be dismissed as abandoned.

The applicant is reminded that he must also submit a witness statement for himself, assuming he intends to testify at the hearing. However, if the applicant only intends to testify about the facts already contained in his Application, it is sufficient for him to confirm this in writing by September 12, 2014.

If the applicant does not communicate with the Tribunal at all by September 12, 2014, his case may be dismissed as abandoned.

6It is now more than two weeks past the applicant’s deadline for complying with the Tribunal’s directions and the applicant has not filed the required materials with the Tribunal, nor has he communicated with the Tribunal.

7In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

8The Application is dismissed as abandoned and the October 8th and 9th, 2014 hearing dates are cancelled.