HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Samaroo

Applicant

-and-

Maxtech Precision Products, Bob Wettlaufer and Shahid Mian

Respondents

DECISION

Adjudicator: Mark Hart Date: June 3, 2010 Citation: 2010 HRTO 1272 Indexed as: Samaroo v. Maxtech Precision Products

1This is an Application under section 53(3) of the Human Rights Code (the “Code”) dated December 24, 2008. The underlying complaint to the Commission is dated March 30, 2007.

2The applicant in this matter is represented by counsel. Mediation originally was scheduled for June 22, 2009 and, at counsel’s request, was re-scheduled to September 29, 2009. On September 21, 2009, the Tribunal spoke with applicant’s counsel by phone. She confirmed that this matter had settled and accordingly it was not necessary for the mediation to proceed.

3As a result, the Tribunal sent out a letter dated September 24, 2009 confirming that the mediation had been cancelled as the matter had settled. The parties were requested to file a Confirmation of Settlement (Form TR-10) in accordance with the Tribunal’s Rules, so that the Tribunal could issue an order disposing of the Application.

4When no such confirmation had been received from the parties, the Tribunal sent a further letter dated March 16, 2010 stating that it had been more than five months, and the Tribunal still had not received the Confirmation of Settlement Form. In these circumstances, the Tribunal notified the parties that its letter would serve as notice of the Tribunal’s intent to dismiss this Application as abandoned.

5The parties were afforded 20 days from the date of the letter to file the Confirmation of Settlement Form if they wished the Tribunal to issue an order disposing of the Application. Otherwise, any party who wished to make submissions as to why the Application should not be dismissed as abandoned was given 20 days to do so.

6No Confirmation of Settlement Form has been filed and no party has filed submissions as to why this matter should not be dismissed as abandoned. Accordingly, the Application is deemed to have been abandoned and the Tribunal will close its file in this matter.

Dated at Toronto, this 3rd day of June, 2010.