Wafa Siyam v. The Michener Institute for Applied Health Sciences, 2010 HRTO 892

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Wafa Siyam

Applicant

-and-

The Michener Institute for Applied Health Sciences, Bill Pitman and Jessica Walsh

Respondents

Interim DECISION

Adjudicator: David Muir

Date: April 23, 2010

Citation: 2010 HRTO 892

Indexed as: Siyam v. The Michener Institute for Applied Health Sciences

1This is an Application filed under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision deals with a Request for Order During Proceeding filed by the respondents seeking the dismissal of the Application as abandoned.

2The basis for the respondents’ Request is the apparent refusal of the applicant to set a date for the hearing.

3By correspondence dated December 15 and 23, 2009, January 15 and February 22, 2010, the parties have been asked to provide their available dates for the hearing of this Application. The applicant has not yet provided her available dates for a hearing. By letter dated March 30, 2010, the Tribunal directed that the applicant indicate in writing within 20 days of the date of the letter whether she intends to proceed with the Application. The applicant has not responded to this letter.

4The Tribunal’s Rules provide that an Application within its jurisdiction may not be dismissed without affording the parties an opportunity to make oral submissions. The applicant is directed to indicate in writing within ten days of the date of this Interim Decision whether or not she wishes to make oral submissions in response to the respondents’ Request that this Application be dismissed, failing which the Tribunal will determine the Request on the basis of the material before it and may dismiss the Application as abandoned.

5I am not seized.