Complaint Dismissed: Importance of Procedural Compliance in Human Rights Cases

OUTCOME: Dismissed

Canadian Human Rights Tribunal Tribunal canadien des droits de la personne Citation: 2024 [NAME] 117 Date: November 6, 2024 File No. : T2596/15320 Between: [RESPONDENT] - and - Canadian Human Rights Commission Commission - and - [NAME] Respondent Decision Member: [NAME]. OVERVIEW [ 1 ] [RESPONDENT] , the [RESPONDENT], has failed to meet Tribunal deadlines to proceed with their complaint. Since May of 2024, the Tribunal has attempted to contact the [RESPONDENT] several times, but they have not responded to any of the Tribunal’s communications. [ 2 ] The Tribunal asked [NAME] ([NAME]), the Respondent, as well as the Canadian Human Rights Commission (the “Commission”) for submissions on how to proceed in light of the [RESPONDENT]’s failure to participate in their complaint. [NAME] argues that the Tribunal should dismiss the complaint because the [RESPONDENT] has failed to pursue their complaint, has not respected the Canadian Human Rights Tribunal’s Rules of Procedure, 2021 SOR/2021-137 (the “Rules of Procedure”), has not met any deadlines and has not responded to the Tribunal’s numerous attempts at contact. [ 3 ] The Commission did not make any submissions.

II.

DECISION [ 4 ] The complaint is dismissed as abandoned. The [RESPONDENT] has not participated in the complaint process, and they have not responded to any of the Tribunal communications to advance their complaint.

III. ANALYSIS [ 5 ] The Tribunal must conduct proceedings as informally and expeditiously as the requirements of natural justice and the rules of procedure allow (s.48.9(1) of the Canadian Human Rights Act , R.S.C., 1985, c. H-6). The Tribunal’s Rules of Procedure are to be interpreted and applied to secure the informal, expeditious and fair determination of every inquiry on its merits. [ 6 ] Administrative tribunals are masters in their own house. The Tribunal can dismiss a complaint if a party does not comply with its Rules (Rule 9) and can make any order it considers necessary against vexatious conduct or abuse of process (Rule 10). [ 7 ] It is the [RESPONDENT]’s responsibility to advance their file and to provide their contact information ( [NAME] v Correctional Service Canada , 2024 [NAME] 6 at paras 4–5; [NAME] v [[COMPANY] , 2024 [NAME] 84 at para11). The other parties are also entitled to have their complaints addressed in a timely way ( [NAME] v. [NAME], 2021 [NAME] 21 at para 39). Failing to appear or to otherwise participate in the process can result in a complaint being dismissed as abandoned ( [NAME] v. Correctional Service Canada , 2024 [NAME] 97). [ 8 ] At the beginning of May 2024, the Tribunal issued a ruling dismissing the Respondent’s request to stay the complaint proceedings until the resolution of all issues before the Federal Court. Following the ruling, on May 16, 2024, the Tribunal sent a letter setting deadlines for the Commission’s disclosure and for the [RESPONDENT] to file their Statements of Particulars, disclosure and witness lists. On June 14, 2024, the Tribunal granted an extension for the deadlines originally set. Some additional correspondence was sent to the parties, and, in September 2024, the Tribunal tried to reach the [RESPONDENT] by telephone. [ 9 ] In September 2024, the Tribunal again wrote to the [RESPONDENT] and warned that the case may be dismissed as abandoned if they did not confirm their intention to pursue their complaint or otherwise respond by September 13, 2024. The Tribunal also asked the Commission and the Respondent if they had another address for the [RESPONDENT] or were aware of any other way to reach them. The Commission and the Respondent did not provide any further information. [ 10 ] On October 8, 2024, the Tribunal sent another letter setting a deadline of October 18, 2024, to respond and warning that, in the absence of a response, the complaint could be dismissed as abandoned. It again tried to reach the [RESPONDENT] by telephone. On October 21, 2024, the Tribunal wrote to the parties, noting that despite repeated efforts to contact the [RESPONDENT] by telephone, email and courier, it had not received a response. In the absence of any participation by the [RESPONDENT] or any other means of contacting them, the Tribunal asked the other parties for their position on the possible dismissal of the files as abandoned. [ 11 ] In the absence of any response or indication from the [RESPONDENT] that they wish to proceed with their complaint, I find that this matter should be dismissed as abandoned. [ 12 ] The Tribunal has tried to reach the [RESPONDENT] by every means available using the contact information the Commission provided. The courier the Tribunal sent was delivered and the emails it sent were not returned as undeliverable. The Tribunal also warned the [RESPONDENT] that their complaint could be dismissed if they failed to respond. [ 13 ] I accept [NAME]’s submission that the [RESPONDENT] has, without explanation, failed to respond to the Tribunal’s numerous attempts to communicate with them and has not complied with their obligations under Rule 18 of the Tribunal’s Rules of Procedure. I have not been presented with information about any challenges or personal circumstances faced by the [RESPONDENT] to explain their lack of participation in the process such that it would be unfair to dismiss the complaint. It is also the [RESPONDENT]’s responsibility to provide updated contact information. [ 14 ] In the absence of any response or indication from the [RESPONDENT] that they wish to proceed with their complaint, I find that this matter should be dismissed as abandoned .

IV.

ORDER [ 15 ] The complaint is dismissed as abandoned. The Registry will send a letter to the parties confirming that this file has been closed. Signed by [NAME] Tribunal Member Ottawa, Ontario November 6, 2024 Canadian Human Rights Tribunal Parties of Record File No. : T2596/15320 Style of Cause: [RESPONDENT] v. [NAME] of the Tribunal Dated: November 6, 2024 Written representations by: [NAME]. [NAME], [RESPONDENT] and [RESPONDENT] , for the Respondent