Human Rights Tribunal of Ontario
B E T W E E N:
Tyler Dick
Applicant
-and-
Western Hotel, Partytown
Respondent
DECISION
Adjudicator: Josée Bouchard
Indexed as: Dick v. Western Hotel, Partytown
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 May 27, 2016.
2On November 16, 2015, the Tribunal sent the parties a Notice of Rescheduled Hearing and on February 26, 2016 an Amended Notice of Rescheduled Hearing (the “Amended Notice”) directing them to take certain steps in advance of the hearing. In particular, and among other things, the Amended Notice 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 Amended Notice; 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 April 12, 2016.
3The respondent filed its documents and witness statements in compliance with the direction. However, the applicant has not provided the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by April 12, 2016.
4Accordingly, in an April 27, 2016 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondents and the Tribunal by no later than May 9, 2016.
5In its CAD, the Tribunal warned the applicant that there were serious consequences for the case if he 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 May 9, 2016, the applicant must deliver to the respondent and file with the Tribunal the documents he intends to rely upon at the hearing, a list of his witnesses and a brief statement describing what his witnesses will say when they testify. If the applicant has not complied with this direction by May 9, 2016, the Application may be dismissed as abandoned.
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, it is sufficient for him to confirm this in writing by May 9, 2016.
If the applicant has not complied with this direction by May 9, 2016, or otherwise communicated with the Tribunal, the Application may be dismissed as abandoned.
6It is now one week 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.
ORDER
8The Application is dismissed as abandoned and the May 27, 2016 hearing date is cancelled.
Dated at Toronto, this 16th day of May, 2016.
“Signed By”
Josée Bouchard
Vice-chair