HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jason Perry
Applicant
-and-
Hardwoods Specialty Products LP
Respondent
DECISION
Adjudicator: Maureen Doyle
Indexed as: Perry v. Hardwoods Specialty Products LP
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 March 6, 2015.
2On October 30, 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 January 20, 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 January 20, 2015.
4Accordingly, in an Interim Decision, Perry v. Hardwoods Specialty Products LP 2015 HRTO 207, the Tribunal directed the applicant to provide the required materials to the respondents and the Tribunal by no later than February 27, 2015; and the respondents to provide the required materials to the applicant and the Tribunal by no later than March 2, 2015.
5In its Interim Decision providing direction in this case, 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 Interim Decision contained the following directions to the applicant:
By 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.
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 February 27, 2015.
If the applicant does not communicate with the Tribunal at all by February 27, 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 March 6, 2015 hearing date is cancelled.
Dated at Toronto, this 2nd day of March, 2015.
“signed by”
Maureen Doyle
Vice-chair