Innes v. Metro Ontario Inc., 2015 HRTO 41

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Graeme Innes

Applicant

-and-

Metro Ontario Inc. and Danielle Campbell

Respondents

DECISION

Adjudicator: Douglas Sanderson

Date: January 12, 2015

Citation: 2015 HRTO 41

Indexed as: Innes v. Metro Ontario Inc.

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of sex, gender identity and reprisal.

2By Notice of Hearing dated August 11, 2014, the matter was set down for hearing on January 23, 2015. The Notice of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure by exchanging with one another, and filing with the Tribunal, the documents they intend to rely upon at the hearing, a list of their witnesses and a summary of their witnesses’ anticipated evidence by no later than December 9, 2014. The respondents filed their pre-hearing disclosures on December 9, 2014. The applicant did not.

3By Case Assessment Direction (“CAD”), dated December 18, 2014, the Tribunal directed the applicant to provide the required hearing materials by no later than December 31, 2014. The applicant was advised that there were serious consequences for the case if he failed to meet his obligations. Specifically, the applicant was advised the Application may be dismissed as abandoned. The CAD was sent to the applicant electronically and by both regular mail and courier.

4As of the date of this Decision, the applicant has not filed the materials as required, and did not contact the Tribunal to advise the reason for his failure to comply with the direction set out in the CAD. In the circumstances, it appears that the applicant does not intend to proceed with the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

5The Application is dismissed as abandoned and the hearing date of January 23, 2015 is cancelled.