HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jeffrey Andreoff
Applicant
-and-
Toronto Transit Commission
Respondent
-and-
Amalgamated Transit Union, Local 113
Intervenor
DECISION
Adjudicator: Douglas Sanderson
Indexed as: Andreoff v. Toronto Transit Commission
WRITTEN SUBMISSIONS
Jeffrey Andreoff, Applicant
No one appearing
Toronto Transit Commission, Respondent
Marni Tolensky, Choose an item.
Amalgamated Transit Union, Local 113, Intervenor
No one appearing
1This Application, filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges discrimination with respect to employment because of disability and association with a person identified by a prohibited ground of disability.
2In a Case Assessment Direction dated October 3, 2016, the Tribunal described the lengthy procedural history of this case and made the following observation at paragraph 16:
What is clear is that the applicant has not complied with his obligations and the Directions made above to deliver and file his hearing materials with the Tribunal. It is also clear that the applicant has been very slow in compliance with the Tribunals’ Rules and Directions to produce all arguably relevant documents to the respondent even if he has finally done so.
3At paragraph 19 of the Case Assessment Direction, the Tribunal gave the following directions:
The Tribunal directs that a preliminary hearing will be held to hear the parties’ submissions on the respondent’s Request that this Application be dismissed as an abuse of process.
The applicant is directed to deliver and file a complete listing of every medical document that he has delivered to the respondent, organized by health care provider and for those that he has not provided a complete medical file an explanation for why he has not done so.
The applicant is directed to deliver and file his hearing documents including all documents he intends to rely on at a hearing of this case, as well as witness lists and witness statements. These materials will be provided within 14 days of the date of this CAD failing which this Application may be dismissed as abandoned.
4As of the date of this Decision, the applicant has not complied with his obligation to deliver and file his hearing documents, as described in paragraph 19(3) of the Case
Assessment Direction of October 3, 2016. In the circumstances, I find that the applicant has abandoned the Application. The Application is dismissed.
Dated at Toronto, this 2nd day of November, 2016.
“Signed By”
Douglas Sanderson
Vice-chair