Jason Perry v. Hardwoods Specialty Products LP, 2015 HRTO 207

Human Rights Tribunal of Ontario

B E T W E E N:

Jason Perry Applicant

-and-

Hardwoods Specialty Products LP Respondent

INTERIM DECISION

Adjudicator: Maureen Doyle Date: February 13, 2015 Citation: 2015 HRTO 207 Indexed as: Perry v. Hardwoods Specialty Products LP

Introduction

1A hearing in respect of this Application is scheduled for March 6, 2015 in Toronto.

2This Case Assessment Direction alerts the applicant and the respondent to the fact that they have failed to comply with Rules 16 and 17 of the HRTO’s Rules of Procedure regarding pre-hearing disclosure of documents and witnesses.

3As the Tribunal notified the parties in the October 30, 2014 Notice of Hearing in this matter, under Rules 16 and 17 of the HRTO’s Rules of Procedure, the parties were obliged to provide the following things to one another and to the Tribunal by no later than January 20, 2015:

a. a list of the witnesses they intend to call at the hearing of the Application;

b. witness statements describing what the witnesses will say when they testify; and

c. copies of the documents they intend to rely upon at the hearing.

4It is now past the January 20, 2015 deadline and the applicant has not complied with his obligations regarding the exchange of documents and witness statements, and though the respondent has complied with its obligations regarding the exchange of documents it has not complied with its obligations regarding the exchange of witness statements.

5There are serious consequences for this case if the parties do not comply with their obligations under the Tribunal’s Rules, as set out below.

DIRECTIONS TO APPLICANT

6By no later than February 27, 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 February 27, 2015, the Application may be dismissed as abandoned.

7The 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 February 27, 2015.

8If the applicant does not communicate with the Tribunal at all by February 27, 2015, his case may be dismissed as abandoned.

DIRECTIONS TO RESPONDENT

9By no later than March 2, 2015, the respondent must deliver to the applicant and file with the Tribunal a list of its witnesses and a brief statement describing what its witnesses will say when they testify.

10If the respondent does not provide the above-noted materials by March 2, 2015, the Tribunal may take any or all of the steps set out in Rule 5 of the Tribunal’s Rules of Procedure, including not permitting the respondent to call any witnesses or present any documentary evidence at the hearing.

11The HRTO’s Rules of Procedure are available at www.hrto.ca under “Law, Rules and Policies”.

12The parties may also benefit from reviewing the Tribunal’s “Guide to Preparing for a Hearing before the HRTO”, available at www.hrto.ca under “Guides and Forms”.

13I am not seized.