HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Dauda Massaquoi
Applicant
-and-
Jane Finch Community Legal Services
Respondent
DECISION
Adjudicator: Brian Eyolfson
Indexed as: Massaquoi v. Jan Finch Community Legal Services
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 20 and 21, 2014.
2On November 6, 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 April 7, 2014.
3Neither the applicant nor the respondent provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by April 7, 2014.
4Accordingly, in a May 5, 2014 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondent and the Tribunal by no later than May 9, 2014; and the respondent to provide the required materials to the applicant and the Tribunal by no later than May 15, 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:
If the applicant intends to proceed with this Application, he must confirm in writing to the respondent and the Tribunal that he intends to proceed by no later than May 9, 2014. If the applicant intends to proceed with the Application, the applicant must also 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 by no later than May 9, 2014. If the applicant has not complied with these directions by May 9, 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 May 9, 2014.
If the applicant does not communicate with the Tribunal at all by May 9, 2014, his case may be dismissed as abandoned.
6The applicant’s deadline for complying with the Tribunal’s directions has now passed, 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 May 20 and 21, 2014 hearing dates are cancelled.
Dated at Toronto, this 13^th^ day of May, 2014.
“signed by”
Brian Eyolfson
Vice-chair