Robert Connor v. OK Tire and Auto, 2014 HRTO 16

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Connor Applicant

-and-

OK Tire and Auto, B and K Automotive and 1072840 Ontario Ltd. Respondents

DECISION

Adjudicator: Mary Truemner Date: January 7, 2014 Citation: 2014 HRTO 16 Indexed as: Connor v. OK Tire and Auto

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 January 9, 2014.

2On June 4, 2013, 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 November 25, 2013 (i.e. 45 days before the first scheduled day of hearing).

3Neither the applicant nor the respondents provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by November 25, 2013.

4Accordingly, in a December 13, 2013 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondents and the Tribunal by no later than December 20, 2013; and the respondents to provide the required materials to the applicant and the Tribunal by no later than December 27, 2013.

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:

The applicant is directed to immediately file the materials required under Rules 16 and 17, and if the applicant has not done so within 7 days of the date of this Case Assessment Direction, the Application may be dismissed as abandoned. [emphasis added]

6It is now over 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 January 9, 2014 hearing date is cancelled.