Ahisha Fraser on behalf of Paramdai Shakir v. Kidron Valley Rehab Inc. and Marco Sorrento, 2010 HRTO 2164

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ahisha Fraser on behalf of Paramdai Shakir

Applicant

-and-

Kidron Valley Rehab Inc. and Marco Sorrento

Respondents

DECISION

Adjudicator: Michelle Flaherty

Date: October 27, 2010

Citation: 2010 HRTO 2164

Indexed as: Shakir v. Kidron Valley Rehab

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) in which she alleges discrimination on the basis of sex in the provision of goods, services or facilities.

2Responses filed by the respondents raised a number of preliminary issues.

3In an earlier Interim Decision, 2010 HRTO 1310, I sought submissions from the parties and from the College of Massage Therapists of Ontario (“College”) regarding these preliminary issues. The personal respondent filed written submissions in response to the Interim Decision, but no submissions were received from the applicant, the corporate respondent or the College.

4In a second Interim Decision, 2010 HRTO 1836, I held that the personal respondent had raised a serious issue regarding the application of section 45.1 to the facts of this case. As section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application without affording the parties a chance to make oral submissions, I directed the applicant to contact the Tribunal and the respondents to advise whether she wished to make submissions on the dismissal issue.

5I wrote:

If the applicant does not advise the Tribunal, the respondents and the College of her desire to make further submissions according to paragraph 6, the Tribunal may determine the dismissal issue based on the materials already filed or may consider the failure to respond as an abandonment of the Application and dismiss it on that basis.

6I am satisfied that both earlier Interim Decisions were delivered to the applicant.

7The applicant has not provided written submissions or communicated with the Tribunal in response to either Interim Decision.

8In the circumstances, I am satisfied that the Application has been abandoned. Accordingly, the Application is dismissed.