Patrick v. Securitas Canada, 2015 HRTO 568

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Patrick

Applicant

-and-

Securitas Canada Ltd. and Clifford Sampogna

Respondents

DECISION

Adjudicator: Eli Fellman

Date: May 5, 2015

Citation: 2015 HRTO 568

Indexed as: Patrick v. Securitas Canada

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 disability and marital status. A hearing in respect of this Application is scheduled for May 25-26, 2015, in Toronto.

2On October 27, 2014, 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 April 10, 2015. That deadline was subsequently extended to April 17, 2015.

3The respondent produced and disclosed its required materials by the April 17, 2015 deadline. The applicant did not.

4Accordingly, in an April 22, 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 April 30, 2015. The Tribunal warned the applicant that there were serious consequences if he did not comply with the Tribunal’s directions. In particular, the CAD stated:

By no later than April 30, 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 April 30, 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 April 30, 2015.

If the applicant does not communicate with the Tribunal at all by April 30, 2015, his case may be dismissed as abandoned.

5The April 30 deadline for complying with the Tribunal’s directions has expired and the applicant has not filed the required materials with the Tribunal, nor has he communicated with the Tribunal.

6In the circumstances, it appears that the applicant has abandoned the Application.

ORDER

7The Application is dismissed as abandoned and the May 25-26, 2015 hearing dates are cancelled.