Nathan Schnerch v. Il Fornetto Restaurant and Jilani Belhiba, 2014 HRTO 1479

Human Rights Tribunal of Ontario

B E T W E E N:

Nathan Schnerch Applicant

-and-

Il Fornetto Restaurant and Jilani Belhiba Respondents

DECISION

Adjudicator: Jennifer Scott Date: October 6, 2014 Citation: 2014 HRTO 1479 Indexed as: Schnerch v. Il Fornetto Restaurant

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of sex and sexual orientation.

2By Notice of Hearing dated April 24, 2014, the matter was set down for hearing on October 10, 2014 in St. Catharines. 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 disclosure their arguably relevant documents to each other by May 15, 2014. It directed them further to exchange with one another and file with the Tribunal a list of the documents they intend to rely upon at the hearing, copies of those documents, and a summary of their witnesses’ anticipated evidence (the “Pre-Hearing Materials”) by no later than August 26, 2014.

3The Notice of Hearing was sent to the applicant by regular mail and was returned to the Tribunal on May 5, 2014. On May 13, 2014, the Tribunal contacted the applicant electronically and requested that he provide the Tribunal and the respondents with his updated contact information. The Tribunal attached the Notice of Hearing to this electronic message. The applicant did not respond.

4The applicant did not disclose his arguably relevant documents by May 15, 2014 and did not provide his pre-hearing materials by August 26, 2014.

5In a September 16, 2014 Case Assessment Direction (the “CAD”), the Tribunal directed the applicant to deliver his pre-hearing materials by September 23, 2014, and if he failed to do so, his Application may be dismissed as abandoned. The CAD advised the applicant that if he intended to testify about the facts set out in the Application, it was sufficient for him to confirm this in writing by September 23, 2014. The CAD was sent to the applicant electronically.

6The applicant has not responded to the Tribunal. He has not provided his current contact information. Under Rule 1.13 of the Tribunal’s Rules of Procedure, the applicant is required to notify the Tribunal and the respondents of any change in his contact information. He has not complied with his obligations under the Notice of Hearing and has not followed the Tribunal’s direction in the CAD. In the circumstances, it appears that the applicant does not intend to proceed with the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

7The Application is dismissed as abandoned, and the hearing date of October 10, 2014, is cancelled.