Brooks v. Stuart Olson Industrial Constructors Inc., 2016 HRTO 58

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kevin Brooks

Applicant

-and-

Stuart Olson Industrial Constructors Inc.

Respondent

DECISION

Adjudicator: Mary Truemner

Date: January 13, 2016

Citation: 2016 HRTO 58

Indexed as: Brooks v. Stuart Olson Industrial Constructors Inc.

1This is an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The Application is scheduled to be heard on February 3 and 4, 2016.

2On July 9, 2015, the Tribunal sent the parties a Notice of Hearing directing them to take certain steps in advance of the hearing. In particular, and among other things, the Notice of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure by providing one another with copies of their arguably relevant documents within 21 days of the date of the Notice of Hearing; and by exchanging with one another and filing with the Tribunal the documents they intended to rely upon at the hearing, a list of their witnesses and a summary of their witnesses’ anticipated evidence by no later than December 21, 2015 (i.e. 45 days before the first scheduled day of hearing).

3Neither the applicant nor the respondent provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by December 21, 2015.

4Accordingly, in a January 4, 2016 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondent and the Tribunal by no later than January 12, 2016; and the respondent to provide the required materials to the applicant and the Tribunal seven days after the applicant’s materials are filed.

5In its CAD, the Tribunal warned the parties that there were serious consequences for the case if they did not comply with the Tribunal’s directions. In particular, the Tribunal’s CAD contained the following directions to the applicant:

By no later than January 12, 2016, the applicant must deliver to the respondent and file with the Tribunal: (1) the documents he intends to rely upon at the hearing, (2) a list of his witnesses and (3) a brief statement describing what his witnesses will say when they testify.

The applicant is reminded that he must also submit a witness statement for himself, assuming he intends to testify at the hearing. However, if the applicant only intends to testify about the facts already contained in his Application (and Reply, if any), it is sufficient for him to confirm this in writing by January 12, 2016.

The applicant’s reply (Form 11) to the respondent’s Form 10 should be filed on or before January 12, 2016 as well.

If the applicant has not complied with these directions by January 12, 2016, or communicated with the Tribunal at all, the Application may be dismissed as abandoned.

[Emphasis in the original]

6It is now past the applicant’s deadline for complying with the Tribunal’s directions and the applicant has not filed the required materials with the Tribunal, nor has he communicated with the Tribunal.

7In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned, and the respondent is not required to file any documents.

ORDER

8The Application is dismissed as abandoned and the February 3 and 4, 2016 hearing dates are cancelled.