Carrigan v. Brockville Yacht Club, 2014 HRTO 457

Human Rights Tribunal of Ontario

B E T W E E N:

Barry Carrigan Applicant

-and-

Brockville Yacht Club, Kerey Bolton and Tom Birbeck Respondents

DECISION

Adjudicator: Paul Aterman Date: April 2, 2014 Citation: 2014 HRTO 457 Indexed as: Carrigan v. Brockville Yacht Club

1This Application alleges discrimination with respect to employment because of disability, age and record of offences contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Reprisal is also alleged.

2A hearing in respect of this Application is scheduled for April 22 and 23, 2014, in Brockville.

3On March 14, 2014 the Tribunal issued a Case Assessment Direction alerting the applicant to the fact that he had failed to comply with Rules 16 and 17 of the HRTO’s Rules of Procedure regarding pre-hearing disclosure of documents and witnesses.

4He was directed to provide the respondent and the Tribunal with the documents he intended to rely upon at the hearing, a list of his witnesses and a brief statement describing the witnesses’ testimony. He was also advised that if he had not complied with this direction by March 21, 2014, the Application could be dismissed as abandoned. Finally, he was advised that if he did not communicate with the Tribunal at all by March 21, 2014, his case could be dismissed as abandoned.

5I have no reason to think that the applicant did not receive the Case Assessment Direction. The applicant has not provided the Tribunal with the documents set out in the Case Assessment Direction and has not communicated with the Tribunal. The time for doing so has now passed. As the applicant has failed to communicate with the Tribunal despite being directed to do so, I determine that he has abandoned his Application.

ORDER

6The Application is dismissed.