Moeed Khokhar v. Intercon Security Limited, 2011 HRTO 1890

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Moeed Khokhar

Applicant

-and-

Intercon Security Limited, David Clare and Scott Cliff

Respondents

DECISION

Adjudicator: Eric Whist

Date: October 19, 2011

Citation: 2011 HRTO 1890

Indexed as: Khokhar v. Intercon Security Limited

APPEARANCES:

Intercon Security Limited and ) David Whitten, Counsel David Clare, Respondents )

Moeed Khokhar, Applicant ) Self-represented

Scott Cliff, Respondent ) Not present

1This Application was filed on December 10, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The Application alleges discrimination in employment on the basis of race, colour, creed and reprisal.

2A hearing was scheduled for October 17, 18 and 19, 2011. On October 17, 2011 I heard the applicant's evidence-in-chief, cross-examination and reply evidence. At the outset of the hearing on October 18, 2011 the applicant announced his interest in withdrawing his Application and provided the Tribunal with a Request to Withdraw (Form 9). Intercon Security Limited ("Intercon") and David Clare, the respondents present at the hearing, advised that they did not oppose the applicant's Request to Withdraw.

3Mr. Scott Cliff, the other named respondent, was not present at the hearing. However, I am satisfied that, under the circumstances, I do not need to determine Mr. Cliff's response to the Request to Withdraw. Counsel for Intercon and David Clare had written the Tribunal on September 2, 2011 to state that Mr. Cliff was no longer an employee of Intercon and that they had been led to understand that Mr. Cliff was not intending to participate in the hearing. The Tribunal subsequently issued a Case Assessment Direction to the parties, including to Mr. Cliff at his known mailing address, directing Mr. Cliff's attention to Rule 3.13 of the Tribunal's Rules of Procedure that addresses non-attendance at a hearing. Rule 3.13 states, in part, that when a party has been notified of a hearing and fails to appear the Tribunal may take actions it considers appropriate. Given Mr. Cliff's apparent decision not to participate in the hearing process I am satisfied that I can decide the applicant's Request to Withdraw without determining whether Mr. Cliff opposes the request or not.

4Having considered all the circumstances the Application is withdrawn with leave of the Tribunal.