Human Rights Tribunal of Ontario
B E T W E E N:
Paul Smith Applicant
-and-
Devinder Khanna Respondent
DECISION
Adjudicator: Laurie Letheren Date: October 14, 2016 Citation: 2016 HRTO 1336 Indexed as: Smith v. Khanna
1This Application is scheduled to be heard in Toronto on October 21, 2016.
2A Notice of Hearing was sent to the parties on June 3, 2016. The Notice set dates for disclosure and production of documents pursuant to the Tribunal’s Rules of Procedure. The Notice of Hearing directed the parties that by September 6, 2016 they were to deliver witness statements, the list of the documents they intend to rely on and a copy of those documents to the other party and then file copies of all of these documents with a completed Statement of Delivery (Form 23) with the HRTO.
3In a Case Assessment Direction dated September 20, 2016 the parties were directed to comply with the document requirements set out under Step Two of the Notice of Hearing by no later than September 30, 2016.
4The applicant was advised that should he fail to comply with this Direction, the Tribunal may dismiss this application as abandoned.
5In a further Case Assessment Direction, the applicant and the respondent were directed to comply with the document requirements set out under Step Two of the Notice of Hearing by no later than October 7, 2016
6The parties were also asked to confirm their availability to a Case Conference telephone call. The respondent advised that he was available on October 11, 2016.
7The applicant did not respond to indicate his availability for the teleconference call despite several attempts by the Tribunal to have him reply. The Registrar scheduled a 60 minute conference call for 1:00 p.m. on October 11, 2016.
8The applicant was advised that should he fail to comply with this Direction or fail to attend on the conference call, the Tribunal may dismiss this application as abandoned.
9The respondent joined the conference call at 1:00 p.m. on October 11, 2016. The Tribunal waited until 1:40 and the applicant had not joined the call by that time.
10In the circumstances, it appears that the applicant has abandoned the Application. The Application is therefore dismissed as abandoned.
11The October 21, 2016 hearing date is cancelled.
Dated at Toronto, this 14^th^ day of October, 2016.
“Signed By”
__________________________________
Laurie Letheren Vice-chair