Jerome King v. Iceculture Inc., 2015 HRTO 1180

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jerome King

Applicant

-and-

Iceculture Inc.

Respondent

DECISION

Adjudicator: Dawn J. Kershaw

Date: September 4, 2015

Citation: 2015 HRTO 1180

Indexed as: King v. Iceculture Inc.

1A hearing in respect of this Application is scheduled for September 24 and 25, 2015 in London.

2An August 24, 2015 Case Assessment Direction (“CAD”) alerted the applicant to the fact that he had failed to comply with Rule 16.1 of the Human Rights Tribunal of Ontario’s Rules of Procedure regarding pre-hearing disclosure of documents and witnesses because he had failed to provide his witness statements and documents to be relied on at the hearing to the respondent and the Tribunal by no later than August 10, 2015.

3The applicant was directed by no later than September 2, 2015 to deliver to the respondent and file with the Tribunal the documents he intended to rely upon at the hearing, a list of his witnesses and a brief statement describing what his witnesses would say when they testified. He was advised if he failed to do so or failed to communicate with the Tribunal in any way by that date, his Application may be dismissed as abandoned.

4The applicant did not provide to the Tribunal by September 2, 2015 the documents required, nor did he communicate with the Tribunal in any way by that date. Although the mailed copy of the CAD was returned to the Tribunal marked “unknown/moved”, the CAD also was delivered to the applicant by e-mail and the Tribunal did not receive any indication that it was undeliverable. In addition, it is the applicant’s responsibility to ensure that his contact information is updated with the Tribunal.

5In the circumstances, it appears that the applicant has abandoned the Application.

ORDER

6The Application is dismissed as abandoned.