MOTION TO DISMISS COMPLAINT
The Radical Press
Box 4633 Barkerville Hwy
Quesnel, B.C. V2J 6T8
March 23, 2009
Canadian Human Rights Tribunal
Dear Nancy Lafontant,
RE: Harry Abrams and the League for Human Rights of B’nai Brith Canada v. Arthur Topham and the RadicalPress.com
File Number: T1360/9008
I write to you on an urgent matter concerning the above case.
I note in my CHRT “guide to the Tribunal process” booklet under “Disclosure” (P. 35) the following:
“The Tribunal encourages the parties to complete their disclosure in the shortest possible time, which can sometimes mean within a month. The deadline for disclosure by the complainant and the Commission is sooner than that required for the respondent. This gives the respondent an opportunity to prepare a response to the material provided in support of the complaint. The complainant and the Commission are then given a short time to reply if they intend to raise additional facts or issues to refute the case disclosed by the respondent.”
In the February 9, 2009 letter from the CHR Tribunal, #5. SCHEDULE FOR DISCLOSURE the following is noted:
Pursuant to Rule 6 of the Tribunal’s Rules of Procedure, the Complainants, Harry Abrams and the League for Human Rights of B’nai Brith Canada and the Commission, will provide their Statement of Particulars and full disclosure by March 6, 2009 and their expert reports and summary by expert evidence by March 13, 2009.
Subsequent to this letter a further letter was received by myself via email dated March 5, 2009 from the CHRT signed by Guy Gregoire, Director, Registry Operations contained the following:
“Further to the Complainant’s counsel request of March 4, 2009, for an extension of time, and upon considering the Tribunal’s Letter dated February 9, 2009, setting deadlines for disclosures, the Tribunal has instructed the following:
The Complainants, Harry Abrams and the League for Human Rights B’nai Brith Canada and the Commission, will now provide their Statement of Particulars and full disclosure by March 11, 2009
The Respondent, Arthur Topham & RadicalPress.com will now provide its Statement of Particulars and full disclosure by March 25, 2009”
As of today, March 23, 2009, I have not received any notice or information from either the legal counsel for the complainants or the legal counsel for the CHRC regarding the disclosure of March 11, 2009.
As such it is impossible for me to review and respond to said information prior to the deadline of March 25, 2009 set for myself, Arthur Topham. It is also not possible, as a result of this delay to complete my own Statement of Particulars and full Disclosure by the March 25, 2009 deadline.
Based upon this information and the fact that the CHRC and the Complainants have not met their deadlines I am, by formal notice contained in this letter, moving that the complaint against myself, Arthur Topham and RadicalPress.com be dismissed immediately.
If there is any further information regarding this matter that you require please let me know as soon as possible.
Arthur Topham pro se
Litigations Services Division
Canadian Human Rights Commission