Edward v. Moda at Home, 2009 HRTO 694

Human Rights Tribunal of Ontario

B E T W E E N:

Rohan Edward Applicant

-and-

Moda at Home Inc. Respondent

DECISION

Adjudicator: David A. Wright Date: May 26, 2009 Citation: 2009 HRTO 694 Indexed as: Edward v. Moda at Home

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The applicant is represented by David Thomas of an organization called the Tamil Catholic Community of Toronto. The hearing is scheduled for June 9, 2009.

2In a previous Interim Decision 2009 HRTO 568 dated May 5, 2009, the Tribunal made the following orders:

(1) If the applicant intends to proceed with the Application, he or his representative shall, by May 12, 2009, deliver to the respondent and file with the Tribunal a letter indicating this and confirming that they will be present at the hearing on June 9, 2009.

(2) By the same date, the applicant shall comply with Rules 16 and 17 by delivering a witness list, summary of expected evidence, and documents upon which he intends to rely.

(3) Should the applicant fail to comply with the above, the Application may be dismissed as abandoned.

3The Interim Decision was sent by courier to both the applicant and his representative. The package to the applicant was returned as undeliverable. The package to the representative was inadvertently sent by the Tribunal to the representative’s former address. However, it was resent by courier to the correct address and the courier’s records show that it was delivered and signed for by the representative on May 15, 2009. Moreover, on May 13, 2009, the Tribunal sent the applicant’s representative, by e-mail, correspondence from the respondent’s counsel requesting that the Application be dismissed in accordance with the decision of May 5. The applicant’s representative has not taken any steps since receiving the e-mail or the decision.

4It has now been over a week since the applicant’s representative became aware of the Interim Decision requiring that he confirm that the applicant would attend the hearing, and neither he nor the applicant has taken any steps to confirm their desire to pursue this matter or to comply with the Tribunal’s rules on production of materials.

5The Application is dismissed as abandoned and the hearing is cancelled.