Human Rights Tribunal of Ontario
B E T W E E N:
Gregory Halfkenny
Applicant
-and-
Valterra Landscape Contractors Inc.
Respondent
DECISION
Adjudicator: Mark Hart
Indexed as: Halfkenny v. Valterra Landscape Contractors Inc.
1This is an Application dated January 27, 2016 alleging discrimination with respect to employment because of race and colour, contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2This matter is currently scheduled to proceed to a hearing in Toronto on August 21 and 22, 2017.
3By Case Assessment Direction (“CAD”) dated August 2, 2017, I noted that the applicant had not complied with his pre-hearing obligations, in that he had failed to file his list of witnesses, a summary of what each witness would say, and the documents upon which he intended to rely at the hearing. In accordance with this Tribunal’s Rules of Procedure, this pre-hearing material was to have been filed by the applicant by July 7, 2017. The applicant was notified of these obligations and the deadline for filing this material in the Notice of Hearing sent to the parties on April 19, 2017.
4In the CAD dated August 2, 2017, I also addressed a Request for Order filed by the respondent on July 13, 2017, to which the applicant had failed to file any response within the required 14 calendar days. Among other orders made in relation to the respondent’s Request for Order, I ordered the applicant to serve and file certain relevant phone records, and information and documents relating to his efforts to find alternate employment.
5I afforded the applicant until August 10, 2017 to comply with his pre-hearing obligations and to serve and file the material ordered pursuant to the respondent’s Request for Order. My CAD expressly stated that if the applicant failed to serve and file these materials by August 10, 2017, his Application may be dismissed as abandoned.
6To date, this Tribunal has received no communication from the applicant in response to my CAD, and he continues to have failed to comply with his pre-hearing obligations as required by this Tribunal’s Rules and with the order I made pursuant to the respondent’s Request for Order. The CAD dated August 2, 2017 was sent to the applicant by e-mail at the e-mail address provided by him in his Application, which was confirmed as the applicant’s current e-mail address by his former legal counsel on July 12, 2017, and was not returned to the Tribunal as undeliverable. The CAD dated August 2, 2017 also was sent to the applicant at his home address as stated in the Application and as also confirmed as the applicant’s current home address by his former legal counsel on July 12, 2017, and I have confirmed that the courier package was delivered to this address on August 3, 2017. Accordingly, I am satisfied that the applicant had notice regarding his need to comply with his pre-hearing obligations and with my order, and the consequences of failing to do so as set out in my CAD.
7The filing of an application with this Tribunal commences a legal proceeding, and the parties are obligated to comply with the requirements set out in this Tribunal’s Rules of Procedure and with this Tribunal’s orders and directions. In the instant case, the applicant has been reminded of these obligations and has been given an opportunity to comply. Not only has he failed to comply with his obligations, this Tribunal has received no communication from him whatsoever in response to my CAD. In these circumstances, I can only conclude that this Application is abandoned. The Application is dismissed on that basis, and the hearing currently scheduled for August 21 and 22, 2017 is hereby cancelled.
ORDER
8The Application is dismissed as abandoned, and the hearing currently scheduled for August 21 and 22, 2017 is hereby cancelled.
Dated at Toronto, this 11th day of August, 2017.
“Signed by”
Mark Hart
Vice-chair