Ferron v. 1580684 Ontario Inc., 2016 HRTO 291

Human Rights Tribunal of Ontario

B E T W E E N:

Wayne Ferron Applicant

-and-

1580684 Ontario Inc. cob Tim Horton’s Restaurant #2491 Respondent

DECISION

Adjudicator: Douglas Sanderson Date: March 4, 2016 Citation: 2016 HRTO 291 Indexed as: Ferron v. 1580684 Onatrio Inc.

APPEARANCES

Wayne Ferron, Applicant

No one appearing

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to goods, services and facilities because of ancestry, colour, ethnic origin, place of origin, race and reprisal.

2By Notice of Hearing dated November 5, 2015 the matter was set down for hearing on March 18 in Toronto, Ontario. The Notice of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure by exchanging with one another and filing with the Tribunal the documents they intend to rely upon at the hearing, a list of their witnesses and a summary of their witnesses’ anticipated evidence by no later than February 2, 2016. The respondent complied with this requirement, but the applicant did not.

3By Case Assessment Direction (“CAD”), dated February 10, 2016, the Tribunal directed the applicant to provide the required hearing materials by no later than February 19, 2016. The applicant was advised that there were serious consequences for the case if he failed to meet his obligations. The applicant was advised the Application may be dismissed as abandoned if he did not comply with the Tribunal’s direction or if he failed to communicate with the Tribunal by February 19, 2016. The CAD was sent to the parties by regular mail and courier. The applicant has not filed any documents or contacted the Tribunal.

4As of the date of this Decision, the applicant has not filed the materials as required, and did not contact the Tribunal to advise the reason for his failure to comply with the direction set out in the CAD. In the circumstances, it appears that the applicant does not intend to proceed with the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

5The Application is dismissed as abandoned and the hearing date of March 18, 2016 is cancelled.