Jefferson Vuong v. Felicidad Ramos, 2015 HRTO 930

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jefferson Vuong

Applicant

-and-

Felicidad Ramos

Respondent

DECISION

Adjudicator: Keith Brennenstuhl

Date: July 15, 2015

Citation: 2015 HRTO 930

Indexed as: Vuong v. Ramos

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 August 14, 2015 in Toronto.

2On March 12, 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 June 30, 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 June 30, 2015.

4Accordingly, in a July 7, 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 July 14, 2015.

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

By no later than July 14, 2014, 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 July 14, 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 July 14, 2015.

If the applicant does not communicate with the Tribunal at all by July 14, 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 August 14, 2015 hearing date is cancelled.