Brigis v. Niagara Regional Police, 2017 HRTO 1324

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jim Brigis

Applicant

-and-

Niagara Regional Police

Respondent ______________________________________________________________________

DECISION

Adjudicator: Naomi Overend

Date: October 6, 2017

Citation: 2017 HRTO 1324

Indexed as: Brigis v. Niagara Regional Police

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 for October 23 and 24, 2017.

2On May 4, 2017, 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 September 8, 2017 (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 September 8, 2017. Accordingly, in a September 26, 2017 Case Assessment Direction (“CAD”), the Tribunal directed the applicant to provide the required materials to the respondent and the Tribunal by no later than October 3, 2017.

4In its CAD, the Tribunal warned the applicant that there were serious consequences 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 October 3, 2017, the applicant must deliver to the respondent his arguably relevant documents.

By the same date, the applicant must deliver to the respondent and file with the Tribunal: (1) confirmation of delivery of his arguably relevant documents to the respondent; (2) a list and copy of the documents he intends to rely upon at the hearing; (3) a list of his witnesses; and (4) 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 (and Reply, if any), it is sufficient for him to confirm this in writing by October 3, 2017.

If the applicant has not complied with these directions by October 3, 2017, or communicated with the Tribunal at all, the Application may be dismissed as abandoned.

5It 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.

6In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

7The Application is dismissed as abandoned and the October 23 and 24, 2017 hearing is cancelled.