Shamil Merali v. Costco Wholesale Canada Ltd., 2009 HRTO 1487

Human Rights Tribunal of Ontario

BETWEEN:

Shamil Merali Applicant

-and-

Costco Wholesale Canada Ltd., Randy Cenerelli, George Ntentes and Roy Giacobbi Respondents

INTERIM DECISION

Adjudicator: Dale Hewat Date: September 16, 2009 Citation: 2009 HRTO 1487 Indexed as: Merali v. Costco Wholesale Canada

1This is an Application filed on November 28, 2008 under section 53(3) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The matter was scheduled for a Case Resolution Conference on September 14 and 15, 2009.

3On September 11, 2009, the Tribunal issued a Case Assessment Direction confirming that the applicant had not filed submissions with respect to his request that this Application be deferred pending the outcome of a wrongful dismissal action. In addition, the Tribunal noted that the applicant had not filed any documents in preparation for the Case Resolution Conference. The Case Assessment Direction provided that the Case Resolution Conference would proceed as scheduled to allow the parties to address these circumstances.

4The applicant did not attend the Case Resolution Conference on Monday, September 14, 2009. The respondents and their counsel were in attendance and reiterated their position that:

a. the applicant's deferral application be dismissed as abandoned;

b. the Tribunal prohibit the applicant from filing any documentation not previously disclosed to the respondents or from naming any additional witnesses; and

c. the Application be dismissed as a result of the failure of the applicant to comply with the Tribunal's directions and Rules.

The respondents understood that efforts have been made to contact the applicant by the Tribunal and stated that they were willing to wait 30 days for the applicant to communicate with the Tribunal. The respondents submitted that the Application must be dismissed if the applicant fails to contact the Tribunal within the 30 day time-frame.

ORDER

5In the circumstances, the applicant has 30 days to contact the Tribunal to explain the reason for his absence from the Case Resolution Conference on September 14, 2009 and to explain his failure to provide submissions on his deferral application or any other documents pursuant to the Tribunal's Rules. In addition, the applicant is required to provide reasons of why the Application should not be dismissed as abandoned.

6In the event that the applicant does not contact the Tribunal by October 14, 2009, this matter will be dismissed.

7The continuation of the Case Resolution Conference scheduled for Tuesday, September 15, 2009 is adjourned.

8I am seized of this matter.