Paul Haidei v. Tazz Delivery Service (Tazz Movers), 2015 HRTO 172

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Paul Haidei

Applicant

-and-

Tazz Delivery Service (Tazz Movers)

Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: February 5, 2015 Citation: 2015 HRTO 172 Indexed as: Haidei v. Tazz Delivery Service (Tazz Movers)

1The applicant filed an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).The Application is scheduled to be heard on February 25, 2015.

2On October 1, 2014, the Tribunal sent the parties a Notice of Hearing directing them to take certain steps in advance of the hearing. In particular, 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 January 12, 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 January 12, 2015.

4Accordingly, in a January 21, 2015 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondents and the Tribunal by no later than January 28, 2015. The CAD was sent by mail and courier to the latest address that the applicant provided to the Tribunal.

5In its CAD, the Tribunal cautioned the applicant that there were serious consequences for the case if he did not file the required materials. In particular, the Tribunal’s CAD contained the following directions to the applicant:

The applicant is directed to comply immediately with his disclosure obligations under Rules 16 and 17. Specifically, he must deliver to the respondent and file with the Tribunal a witness list, witness statements, and copies of documents he intends to rely upon at the hearing. If the applicant has no documents that he intends to rely upon at the hearing other than the documents filed by the respondent, he must advise the Tribunal of this in writing with a copy to the respondent. Also, the applicant is required to submit a witness statement for himself if he is the only witness who will testify in support of the Application at the hearing. In his witness statement, the applicant may reference parts of the Application as appropriate and confirm that the Application is complete and reflects the evidence that will be given by the applicant at the hearing.

The Tribunal directs the applicant to immediately file the materials required under Rules 16 and 17 as specifically described in paragraph 5 above. If the applicant has not done so within 7 days of the date of this Case Assessment Direction, 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 in any way.

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 February 25, 2015 hearing date is cancelled.