Novelli v. Grissin Bon Ltd., 2017 HRTO 1473

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gary Novelli

Applicant

-and-

Grisson Bon Ltd.

Respondent

DECISION

Adjudicator: Dawn J. Kershaw

Date: November 8, 2017

Citation: 2017 HRTO 1473

Indexed as: Novelli v. Grissin Bon Ltd.

1This is an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The hearing in this matter is scheduled to be heard on November 30 and December 1, 2017, in Toronto.

2On April 27, 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 by May 18, 2017, 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 August 14, 2017 (i.e. 45 days before the first scheduled day of hearing).

3By Notice of Rescheduled Hearing, dated September 12, 2017, the hearing was rescheduled to November 30 and December 1, 2017, but the timelines for the delivery and filing of documents and witness statements did not change.

4On August 11, 2017, by Interim Decision, 2017 HRTO 1040, the Tribunal extended the timeline for delivering documents and witness statements to August 21, 2017.

5The applicant failed to disclose his arguably relevant documents by May 18, 2017, as set out in the Notice of Hearing, and did not provide the Tribunal with his hearing documents and witness statements in accordance with Rules 16 and 17 of the Tribunal’s Rules of Procedure by August 21, 2017.

6Accordingly, in an October 20, 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 27, 2017.

7In 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 October 27, 2017, 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 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, it is sufficient for him to confirm this in writing by October 27, 2017.

If the applicant has not complied with these directions by October 27, 2017, or communicated with the Tribunal at all, the Application may be dismissed as abandoned.

8It is now more than a week 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.

9In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

10The Application is dismissed as abandoned and the November 30 and December 1, 2017 hearing dates are cancelled.