HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Wafa Siyam
Applicant
-and-
The Michener Institute for Applied Health Sciences, Bill Pitman and Jessica Walsh
Respondents
DECISION
Adjudicator: Kaye Joachim
Indexed as: Siyam v. The Michener Institute for Applied Health Sciences
1This is an Application filed under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Decision deals with a Request for Order During Proceeding filed by the respondents seeking the dismissal of the Application as abandoned.
2The basis for the respondents’ Request is the apparent refusal of the applicant to set a date for the hearing.
3By correspondence dated December 15 and 23, 2009, January 15 and February 22, 2010, the parties have been asked to provide their available dates for the hearing of this Application. The applicant has not yet provided her available dates for a hearing. By letter dated March 30, 2010, the Tribunal directed that the applicant indicate in writing within 20 days of the date of the letter whether she intends to proceed with the Application. The applicant has not responded to this letter.
4The Tribunal’s Rules provide that an Application within its jurisdiction may not be dismissed without affording the parties an opportunity to make oral submissions. In Interim Decision 2010 HRTO 892, dated April 23, 2010, the applicant was directed to indicate in writing within ten days whether or not she wished to make oral submissions in response to the respondents’ Request that this Application be dismissed, failing which the Tribunal would determine the Request on the basis of the material before it and may dismiss the Application as abandoned.
5The applicant has not communicated with the Tribunal nor indicated a wish to make oral submissions.
6The Application is dismissed as abandoned.
Dated at Toronto, this 18th day of May, 2010.
“Signed by”
Kaye Joachim
Alternate Chair