HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
David Jackson
Applicant
-and-
M. Green Construction and Michael Green
Respondent
DECISION
Adjudicator: Keith Brennenstuhl
Indexed as: Jackson v. M. Green Construction
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 October 26, 2015.
2On June 16, 2015, 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 September 11, 2015 (i.e. 45 days before the first scheduled day of hearing).
3The applicant has not provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by September 11, 2015.
4Accordingly, in a September 18, 2015 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondent and the Tribunal by no later than September 30, 2015;
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:
By no later than September 30, 2015, 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 September 30, 2015, 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 September 30, 2015.
If the applicant does not communicate with the Tribunal at all by September 30, 2015, his case may be dismissed as abandoned.
6It is now 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 October 26, 2015 hearing date is cancelled.
Dated at Toronto, this 1st day of October, 2015.
“Signed by”
Keith Brennenstuhl
Vice-chair