Hanna v. Rabba Fine Foods, 2010 HRTO 635

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Remon Hanna

Applicant

-and-

Rabba Fine Foods and Rajan Kourajan

Respondents

DECISION

Adjudicator: Mark Hart

Date: March 23, 2010

Citation: 2010 HRTO 635

Indexed as: Hanna v. Rabba Fine Foods

1This is an Application filed May 26, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The underlying complaint filed with the Ontario Human Rights Commission is dated October 25, 2005.

2By letter dated July 23, 2009, the Tribunal confirmed receipt of the Application, but indicated that the Application was incomplete for the following reasons: no Statement of Delivery was provided to indicate that a copy of the complaint had been served on the respondents as well as the Application form (Form TR-1); and no contact information was provided for the personal respondent.

3The applicant was advised that no further steps would be taken to process the Application until it was complete, and the applicant was told to provide the missing information within 21 days from the date of the letter, failing which the Application may be dismissed.

4On March 5, 2010, the Tribunal sent a further letter to the applicant, stating that more than 21 days had passed since the Tribunal's previous letter and the Application remained incomplete. The applicant was advised that s. 43(2).1 of the Code provides that the Tribunal shall not dispose of an application without affording the parties an opportunity to make oral submissions. The applicant was told to contact the Tribunal within ten days of the date of the letter if she wanted to make oral submissions, failing which the Tribunal would dismiss the Application.

5The Tribunal did not hear from the applicant within ten days of the March 5, 2010 letter. To date, the applicant still has not filed a complete Application form together with a proper Statement of Delivery form. The applicant has been given opportunities to correct these defects, and has failed to do so.

6As the applicant has been given notice of the Tribunal's intention to dismiss her Application and has been advised of her right to make oral submissions but has not requested the opportunity to do so, she has waived her right to make oral submissions and this matter can be addressed in writing.

7The Application is dismissed as abandoned.