Douglas Taylor v. National Steel Car Limited, 2016 HRTO 430

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Douglas Taylor Applicant

-and-

National Steel Car Limited Respondent

DECISION

Adjudicator: Bruce Best Date: April 6, 2016 Citation: 2016 HRTO 430 Indexed as: Taylor v. National Steel Car Limited

1This is an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2By Notice of Hearing dated December 3, 2015 the matter was set down for hearing on April 27, 2016 in Hamilton, 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 March 14, 2016. The respondent complied with this requirement, but the applicant did not.

3By Case Assessment Direction (“CAD”) dated March 22, 2016, the Tribunal directed the applicant to provide the required hearing materials by no later than March 29, 2016. The applicant was advised that there were serious consequences for the case if he failed to meet his obligations, including that 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 March 29, 2016. The CAD was sent to the applicant’s representative by fax and email. As no response was received by March 29, 2016, the CAD was sent again by email to both the applicant and to his representative, indicating that if no response was received by April 4, 2016 the Application may be deemed to be abandoned.

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. The April 27, 2016 hearing date is cancelled.