Bhatti v. Pomer and Boccia Professional Corporation, 2010 HRTO 210

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Azhar Bhatti

Applicant

-and-

Pomer and Boccia Professional Corporation and Sam Dhaliwal

Respondents

INTERIM decision

Adjudicator: Brian Cook

Date: January 28, 2010

Citation: 2010 HRTO 210

Indexed as: Bhatti v. Pomer and Boccia Professional Corporation

1A hearing to deal with this Application was scheduled for August 17 and 18, 2009. The Application names a corporate respondent and a personal respondent. The contact person for the corporate respondent was identified as David Pomer. The personal respondent was Sam Dhaliwal.

2On August 17, 2009, the applicant and David Pomer appeared. Sam Dhaliwal did not appear. The hearing was adjourned and the Tribunal issued Interim Decision 2009 HRTO 1366, dated August 31, 2009. I made the following directions:

A copy of this Decision will be sent to Mr. Bhatti, Mr. Dhaliwal and to Pomer and Boccia Professional Corporation. The copy to Mr. Dhaliwal will be sent using the contact information provided by Mr. Pomer. The parties are reminded of Rule 1.13 of the Tribunal’s Rules of Procedure, which require a party to notify the Tribunal and all other parties of any change in their contact information as soon as possible.

Mr. Bhatti, Pomer and Boccia Professional Corporation, and Mr. Dhaliwal may, within three weeks of the date of this decision, make submissions respecting how the Tribunal should now deal with the Application. The parties may also submit any documents that may assist the Tribunal in understanding the relationship of the parties in the period from June 15, 2007 to January 2008 and currently, including but not limited to the issue of who has authority with respect to Pomer and Boccia Professional Corporation. In addition to any of the other issues identified, Mr. Dhaliwal should address in his submissions his reasons, if any, for his failure to attend on the scheduled hearing date. The applicant has indicated his intention to withdraw this application as against Pomer and Boccia Professional Corporation. If he wishes to do so he should confirm his intention in writing to the Tribunal with a copy to the parties. Documents and submissions must be filed with the Tribunal and delivered to each of the other parties.

3Mr. Dhaliwal delivered and filed submissions dated September 11, 2009. To date, no submission or other communication has been received from either the applicant or Mr. Pomer.

4Mr. Dhaliwal submits that he is no longer associated in any way with Pomer and Boccia Professional Corporation and that he is “legally restricted from handling any matters surrounding Pomer and Boccia Professional Corporation” pursuant to an Order of the Court which appears to relate to ongoing litigation involving, among others, Mr. Pomer, Pomer and Boccia Professional Corporation, and Mr. Dhaliwal.

5The Tribunal requires submissions from Mr. Pomer and the applicant regarding how the Tribunal should now deal with the Application. The applicant must confirm whether he wishes to pursue the Application, and, if so, against whom. If the applicant wishes to withdraw the Application against Pomer and Boccia Professional Corporation, he must file a completed Form 9 Request to Withdraw and deliver it to the other parties and the Tribunal.

6Whether or not the applicant wishes to withdraw the Application against Pomer and Boccia Professional Corporation, Mr. Pomer must clarify who has authority with respect to Pomer and Boccia Professional Corporation and who would be liable in the event that the Application was heard and the applicant was successful.

7Any submissions must be filed with the Tribunal and filed with the other parties within two weeks of the date of this Interim Decision. If no submissions are received from the applicant by that time the Application may be deemed to have been abandoned.