Cabico v. Starbucks Coffee Company Inc., 2016 HRTO 1064

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Virgilio Cabico

Applicant

-and-

Starbucks Coffee Company Inc. and

Ahmed El-Gewely

Respondents

DECISION

Adjudicator: Keith Brennenstuhl

Date: August 11, 2016

Citation: 2016 HRTO 1064

Indexed as: Cabico v. Starbucks Coffee Company 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 August 25 and 26, 2016.

2On March 9, 2016, the Tribunal sent the parties a Notice of Rescheduled Hearing directing them to take certain steps in advance of the hearing. In particular, and among other things, the Notice of Rescheduled 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 Rescheduled 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 July 11, 2016 (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 July 11, 2016.

4Accordingly, in a July 25, 2016 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondents and the Tribunal by no later than August 2, 2016.

5In its CAD, 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 CAD contained the following directions to the applicant:

By no later than August 2, 2016, the applicant must deliver to the respondent and file with the Tribunal: (1) the documents he intends to rely upon at the hearing, (2) a list of his witnesses and a detailed statement describing what his witnesses will say when they testify.

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 August 2, 2016.

If the applicant does not comply with these directions by August 2, 2016 or communicate with the Tribunal at all, his case may be dismissed as abandoned.

6It is now more than one week 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 addition, the applicant has not responded to the respondents’ August 4, 2016 letter, seeking to have the Application dismissed as abandoned on the basis of the applicant’s failure to comply with the directions in the Tribunal’s July 25, 2016 CAD.

8In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

9The Application is dismissed as abandoned.