Adetokunbo Adeoye v. The Regional Municipality of Peel Police Services Board, 2014 HRTO 560

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Adetokunbo Adeoye

Applicant

-and-

The Regional Municipality of Peel Police Services Board

Respondent

DECISION

Adjudicator: Naomi Overend

Date: April 22, 2014

Citation: 2014 HRTO 560

Indexed as: Adeoye v. Peel Police Services Board

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 May 12 and 13, 2014.

2On October 13, 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 March 28, 2014 (i.e. 45 days before the first scheduled day of hearing).

3Although the respondent provided its hearing materials by the required date, the applicant did not provide the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure.

4Accordingly, in an April 7, 2014 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondent and the Tribunal. In 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 direction and warning to the applicant:

By no later than April 14, 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 April 14, 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 April 14, 2014.

5It is now more than one week 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.

6In addition, the applicant has not responded to the respondent’s letter dated April 17, 2014, seeking to have the Application dismissed as abandoned on the basis of the applicant’s failure to comply with the directions in the Tribunal’s April 7, 2014 CAD.

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 May 12 and 13, 2014 hearing dates are cancelled.