Human Rights Tribunal of Ontario
B E T W E E N:
Timothy St. Jules
Applicant
-and-
Office of the Public Guardian and Trustee
Respondent
DECISION
Adjudicator: Mary Truemner
Indexed as: St. Jules v. Office of the Public Guardian and Trustee
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 November 2, 2015.
2On May 26, 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 18, 2015 (i.e. 45 days before the first scheduled day of hearing).
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 the due dates.
4Accordingly, in an October 6, 2015 Case Assessment Direction (“CAD”), the Tribunal directed the applicant, through his counsel, to provide the required materials to the respondent and the Tribunal by no later than October 14, 2015; and the respondent to provide the required materials to the applicant and the Tribunal by no later than October 21, 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 October 14, 2015, the applicant must deliver to the respondent and file with the Tribunal: (1) confirmation of delivery of his arguably relevant documents to the respondent; (2) a list and copy of the documents, tabbed, he intends to rely upon at the hearing; (3) a list of his witnesses; and (4) a brief statement describing what his witnesses will say when they testify.
… If the applicant has not complied with these directions by October 14, 2015, or communicated with the Tribunal at all, the Application 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, and there is no need for the respondent to file any documents.
ORDER
8The Application is dismissed as abandoned and the November 2, 2015 hearing date is cancelled.
Dated at Toronto, this 15^th^ day of October, 2015.
“Signed by”
Mary Truemner
Vice-chair