Minh Dang v. Cemtol Manufacturing, 2010 HRTO 1937

Human Rights Tribunal of Ontario

Between:

Minh Dang Applicant

-and-

Cemtol Manufacturing, Dusko Roknic, Harjinder Gill and Becky Hooper Respondents

Decision

Adjudicator: David Muir Date: September 23, 2010 Citation: 2010 HRTO 1937 Indexed as: Dang v. Cemtol Manufacturing

1This is an Application filed on June 26, 2009 under section 53(5) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Although filed in June 2009 the Application was not perfected until April 1, 2010. Mediation has been scheduled to take place on September 24, 2010.

2The respondents filed a Request for Order During Proceeding (Request) on May 5, 2010 seeking the early dismissal of the Application. The applicant did not respond to the Request.

3The respondents wrote to the Tribunal on August 12, 2010 seeking a determination of their Request. The Tribunal wrote to the parties requesting the applicant deliver his submissions in response to the Request within 14 days of the date of the letter. The applicant did not respond to this letter and has not yet responded to the Request.

4The applicant’s failure to respond to the Request although invited to do so on two occasions raised a concern about the applicant’s intentions with respect to this Application. In a Case Assessment Direction dated September 9, 2010 the Tribunal directed that if the applicant intended to proceed with this Application he must indicate his intention to do so in writing to the Tribunal and respondents within 10 days of the date of the Direction, failing which the mediation date would be cancelled and the Application dismissed as abandoned.

5On September 20, 2010 the respondents wrote to the Tribunal noting that they had received no communication from the applicant in response to the Case Assessment Direction. The respondent requested that the Application be dismissed as abandoned.

6The Tribunal has received no communication from the applicant with respect to this matter for several months. Although invited to do so on three occasions he has not responded to the Request for Order of the respondents. He has not responded to the Case Assessment Direction. The applicant appears to have abandoned this Application. In the circumstances the mediation scheduled for September 24, 2010 is cancelled and the Application is dismissed as abandoned for the reasons set out above.