Morgan v. Toronto Police Services Board, 2016 HRTO 80

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jerome Morgan

Applicant

-and-

Toronto Police Services Board and Toronto Police Services

Respondents

DECISION

Adjudicator: Maureen Doyle

Date: January 19, 2016

Citation: 2016 HRTO 80

Indexed as: Morgan v. Toronto Police Services Board

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 January 25 and 26, 2016.

2On July 8, 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 11, 2015 (i.e. 45 days before the first scheduled day of hearing).

3The applicant did not provide the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by December 11, 2015.

4Accordingly, in a January 11, 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 January 18, 2016.

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 18, 2016, the applicant must deliver to the respondents 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, it is sufficient for him to confirm this in writing by January 18, 2016.

If the applicant has not complied with this direction by January 18, 2016, or communicated with the Tribunal at all, the Application may be dismissed as abandoned.

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 addition, the applicant has not responded to the respondents’ letters of December 21, 2015, January 5 and January 11, 2016, seeking to have the Application dismissed as abandoned on the basis of the applicant’s failure to comply with the above-noted Tribunal Rules, nor has he responded to the respondents’ letter of January 18, 2016, seeking to have the Application dismissed as abandoned on the basis of the applicant’s failure to comply with the directions in the Tribunal’s January 11, 2016 CAD.

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 January 25 and 26, 2016 hearing dates are cancelled.