Human Rights Tribunal of Ontario
B E T W E E N:
Carlos Herrera Morales
Applicant
-and-
Top Shelf Solutions Inc.
Respondent
DECISION
Adjudicator: Keith Brennenstuhl
Indexed as: Morales v. Top Shelf Solutions 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 July 4 and 5, 2016, in Toronto.
2On February 24, 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 May 20, 2016 (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 May 20, 2016.
4Accordingly, in a June 7, 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 June 14, 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 June 14, 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 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, (and Reply, if any) it is sufficient for him to confirm this in writing by June 14, 2016.
If the applicant has not complied with these directions by June 14, 2016, or communicated with the Tribunal at all, his case 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 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 July 4 and 5, 2016 hearing dates are cancelled.
Dated at Toronto, this 17th day of June, 2016.
“signed by”
Keith Brennenstuhl
Vice-chair