Sohiala Khaksar v. International Clothiers, 2012 HRTO 1071

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sohiala Khaksar

Applicant

-and-

International Clothiers

Respondent

DECISION

Adjudicator: Leslie Reaume

Date: May 30, 2012

Citation: 2012 HRTO 1071

Indexed as: Khaksar v. International Clothiers

Introduction

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability.

2The Tribunal issued a Case Assessment Direction (“CAD”) dated May 1, 2012 as a result of the failure of the parties to comply with Rules 16 and 17 of the Tribunal’s Rules. The CAD contained the following direction:

The applicant is directed to immediately file the materials required under Rules 16 and 17, and if the applicant has not done so within seven days of the date of this Case Assessment Direction, the Application may be dismissed as abandoned. The respondents are directed to immediately file the materials required under Rules 16 and 17, and if the respondents have not done so within seven days of the date of this Case Assessment Direction, the Tribunal may take any or all of the steps in Rule 5, including not permitting the respondents to call any witnesses at the hearing.

3The respondent filed the requisite materials on May 9, 2012. The applicant failed to comply with the direction and the Tribunal has received no communication from the applicant in relation to the CAD. The applicant appears to have abandoned this Application. In the circumstances, the hearing scheduled for June 4 and 5, 2012 is cancelled and the Application is dismissed as abandoned.