Jaspal Samra v. Ontario (Attorney General), 2016 HRTO 742

Human Rights Tribunal of Ontario

B E T W E E N:

Jaspal Samra

Applicant

-and-

Her Majesty the Queen in Right of Ontario as Represented by the Ministry of the Attorney General, John Kromkamp and Huguette Thomson

Respondents

DECISION

Adjudicator: Keith Brennenstuhl Date: May 31, 2016 Citation: 2016 HRTO 742 Indexed as: Samra v. Ontario (Attorney General)

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 June 8, 2016.

2On February 10, 2016, 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 April 25, 2016 (i.e. 45 days before the first scheduled day of hearing).

3The applicant did not provide the Tribunal with all of the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by April 25, 2016.

4Accordingly, in a May 16, 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 May 24, 2016.

5In its CAD, the Tribunal warned the applicant 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 May 24, 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 detailed 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, it is sufficient for him to confirm this in writing by May 24, 2016.

If the applicant has not complied with these directions by May 24, 2016 or communicated with the Tribunal at all, the Application may be dismissed as abandoned.

6The Tribunal extended the deadline until May 30, 2016.

7It is now past the applicant’s extended deadline for complying with the Tribunal’s directions and the applicant has not filed the required materials with the Tribunal.

8In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

9The Application is dismissed as abandoned and the June 8, 2016 hearing date is cancelled.