Singh v. 1416843 Ontario, 2010 HRTO 472

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Prakash Singh

Applicant

-and-

1416843 Ontario Ltd., o/a Dalewood Cleaners, Manjit Kaur Singh and Jhalman Singh

Respondents

DECISION

Adjudicator: Mark Hart Date: March 2, 2010 Citation: 2010 HRTO 472 Indexed as: Singh v. 1416843 Ontario

1This is an Application made under s. 53(3) of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the Code) dated December 22, 2008. The underlying complaint was filed with the Ontario Human Rights Commission on March 13, 2006.

2On September 15, 2009, the Tribunal was advised that the corporate respondent and the personal respondent Manjit Singh had filed assignments in bankruptcy. At the Tribunal’s request, the trustee in bankruptcy confirmed that all actions against these parties had been stayed.

3By letter dated November 9, 2009, the Tribunal wrote to the parties to confirm the information received from the trustee in bankruptcy and also to note that the Tribunal did not have a correct address for the sole remaining respondent, Jhalman Singh. The applicant was advised that he had 30 days to advise the Tribunal whether he intended to lift the stay against the bankrupts or his Application against them would be dismissed. The applicant was further advised that he had 30 days to provide a contact address for the personal respondent Jhalman Singh, or the Application against him would also be dismissed.

4On December 7, 2009, the applicant requested an extension to respond to the Tribunal by January 15, 2010, which was granted by the Tribunal.

5No information was received from the applicant by the extended date of January 15, 2010. As a result, the Tribunal sent a further letter to the applicant dated February 3, 2010 confirming that he had not contacted the Tribunal to provide the information required. The Tribunal notes that s. 43(2)1 provides that the Tribunal shall not finally dispose of an Application without affording the parties an opportunity to make oral submissions. The Tribunal accordingly advised the applicant that if he wished to make oral submissions, he was required to contact the Registrar-Transition within 10 days of the date of the letter. The applicant was further advised that if he did not contact the Registrar-Transition within that time, the Tribunal would dismiss the Application.

6The Tribunal has received no further communication from the applicant.

7As a result, the applicant is deemed to have waived his right to make oral submissions, and the Application is dismissed as against all respondents.