Hadani v. Kingwest Fitness, 2012 HRTO 1190

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rahim Hadani Applicant

-and-

Kingwest Fitness Respondent

A N D B E T W E E N:

Rahim Hadani Applicant

-and-

Kingwest Fitness, Kevin Knott, Julia Kufel and Kennedy Lodato Respondents

A N D B E T W E E N:

Alexander Purchase Applicant

-and-

Kingwest Fitness, Kevin Knott, Julia Kufel and Kennedy Lodato Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: June 18, 2012 Citation: 2012 HRTO 1190 Indexed as: Hadani. v. Kingwest Fitness

1By way of an Interim Decision, 2011 HRTO 680, the Tribunal consolidated these Applications and deferred the Applications pending the conclusion of criminal proceedings. In that Interim Decision, the Tribunal expressly drew the parties’ attention to Rules 14.3 and 14.4 of the Tribunal’s Rules of Procedure (“Rules”) which set out the process a party needs to undertake if requesting to proceed with a deferred application upon the conclusion of another proceeding.

2On December 16, 2011, applicant Hadani wrote to the Tribunal and advised that both applicants had “worked out their differences with Kevin Knott and Kingwest Fitness” and requested that the Tribunal close the file.

3On December 16, 2011, the Tribunal replied to applicant Hadani and directed that the applicants were required to file a Form 25 if the matters were settled or a Form 9 if the applicants sought to withdraw the Applications. On the same day, applicant Hadani replied to the Tribunal and advised that he would do so; however, no further correspondence or communications were received.

4On March 1, 2012, the Tribunal wrote to the parties and directed the applicants to clarify the status of the criminal proceedings. This letter expressly stated that if seeking to reactivate a deferred application a party must comply with the procedures under Rules 14.3 and 14.4 by which deferred applications may be brought back on after the conclusion of other proceedings.

5On March 1, 2012, applicant Hadani replied to the Tribunal and advised that criminal proceedings have ended. On the same day, the Tribunal wrote to applicant Hadani and reiterated that if the applicant was seeking to reactivate the Applications the applicants were required to follow the steps under Rules 14.3 and 14.4.

6Again on the same day, applicant Hadani replied to the Tribunal and advised that he was in law school in the United Kingdom until June 15, 2012 and would complete the items upon his return. Applicant Hadani stated that he was “not aware of this” in reference to the procedures by which deferred applications may be brought back on after the conclusion of other proceedings.

7Notwithstanding applicant Hadani’s earlier indication that the applicants were seeking that the files be closed, the applicants have not filed the appropriate Forms (e.g., Form 9 or Form 25) to do so. Further, the applicants have been repeatedly told about the necessary procedures to reactivate deferred applications; however, the applicants have failed to undertake these steps. Specifically, applicant Hadani has thrice been told about Rules 14.3 and 14.4, yet claims to have been unaware of these requirements.

8All parties are required to respect the Tribunal’s process and comply with the Tribunal’s Rules. Applicant Hadani has not provided a reasonable explanation for the failure to adhere to the Tribunal’s Rules and earlier correspondence.

9In these circumstances, the Tribunal directs the applicants to promptly confirm their intentions with respect to the Applications and to file the appropriate documentation in accordance with the Tribunal’s Rules. If the applicants fail to comply with the Tribunal’s directions in this regard, the Applications will be dismissed as abandoned.

ORDER

10Within 7 days of the date of this Interim Decision, both applicants are required to write to the Tribunal, copied to the respondents, advising if they seek to withdraw the Applications or if they seek to reactivate the Applications.

11If the applicants seek to reactivate the Applications, they are required to comply with Rules 14.3 and 14.4 and are required, within 14 days of the date of this Interim Decision, to file with the Tribunal, copied to the respondents, the necessary court/legal documentation confirming that the criminal proceedings have concluded.

12If the applicants seek to reactivate the Applications and file the necessary documentation in that regard, the respondents are required, within 14 days of receipt of the applicant’s materials, to file response submissions indicating whether or not they agree with the request to reactivate.

13If the applicants fail to comply with the Tribunal’s directions in this Case Assessment Directions, the Applications will be dismissed as abandoned. The Tribunal will consider the parties’ submissions and schedule future steps accordingly.

14I am not seized.