Johnson v. FDS Broker Services Inc., 2015 HRTO 931

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Errol Johnson

Applicant

-and-

FDS Broker Services Inc. and Zafar Khawaja

Respondents

DECISION

Adjudicator: Brian Eyolfson

Date: July 15, 2015

Citation: 2015 HRTO 931

Indexed as: Johnson v. FDS Broker Services Inc.

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 July 27 and 28, 2015.

2On February 13, 2015, the Tribunal sent the parties a Notice of Hearing directing them to take certain steps in advance of the hearing. In particular, 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, except for documents that are privileged, within 21 days of the date of the Notice of Hearing. In addition, the parties were obliged to provide the following things to one another and to the Tribunal by no later than June 12, 2015:

a. a list of documents they intend to rely on at the hearing, and copies of the documents for the Tribunal; and

b. witness statements setting out the intended evidence of each witness.

3As of June 22, 2015, the respondents had provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules, but the applicant had not. Accordingly, by Case Assessment Direction (“CAD”) dated June 22, 2015, the Tribunal directed the applicant to provide the required materials to the respondents and the Tribunal by no later than June 30, 2015.

4In 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 June 30, 2015, the applicant must deliver to the respondents 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 June 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 the Application, it is sufficient for the applicant to confirm this in writing by June 30, 2015.

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

5The applicant’s June 30, 2015 deadline for complying with the Tribunal’s directions has now passed 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. Accordingly, the Application is dismissed as abandoned.

ORDER

7The Application is dismissed as abandoned and the July 27 and 28, 2015 hearing dates are cancelled.