Dhaval Patel v. 1439597 Ontario Ltd. Petro Canada #00959 and Nandranie Roopnarine, 2016 HRTO 1193

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dhaval Patel

Applicant

-and-

1439597 Ontario Ltd. Petro Canada #00959 and Nandranie Roopnarine

Respondents

DECISION

Adjudicator: David Muir

Date: September 12, 2016

Citation: 2016 HRTO 1193

Indexed as: Patel v. Petro Canada and Nandranie Roopnarine

1A hearing in respect of this Application is scheduled on September 26, 2016 in Toronto.

2In a Case Assessment Direction issued on August 23, 2016 the applicant was alerted to the fact that he had not complied with Rules 16 and 17 of the HRTO’s Rules of Procedure regarding pre-hearing disclosure of documents and witnesses.

3As the Tribunal notified the parties in the May 19, 2016 Notice of Hearing in this matter, under Rules 16 and 17 of the HRTO’s Rules of Procedure, the parties were obliged to provide the following things to one another and to the Tribunal by no later than August 12, 2016:

a. a list of the documents he intends to rely on at the hearing of the Application;

b. copies of the documents he intends to rely upon at the hearing; and,

c. witness statements describing expected evidence of each of his witnesses.

4As of the date of the Case Assessment Direction, the applicant had not complied with his obligations regarding the exchange of documents and witness statements.

5In the Case Assessment Direction the applicant was directed that by no later than September 2, 2016 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 detailed statement describing what his witnesses will say when they testify. The applicant was reminded that he was required to submit a detailed witness statement for himself but that if the applicant only intended to testify about the facts already contained in his Application, it is sufficient for him to confirm this in writing by September 2, 2016. The applicant was advised that if he did not comply with these directions by September 2, 2016, the Application may be dismissed as abandoned.

6As of this Decision the applicant has not complied with these directions and has not communicated with the Tribunal in any way. In the circumstances I find that that applicant has abandoned the Application and it is dismissed.