Abdallah v. Maple Leaf College of Business and Technology, 2012 HRTO 1778

Human Rights Tribunal of Ontario

B E T W E E N:

Dr. Ahmed Abdallah Applicant

-and-

Maple Leaf College of Business and Technology Respondent

DECISION

Adjudicator: Sheri D. Price Date: September 19, 2012 Citation: 2012 HRTO 1778 Indexed as: Abdallah v. Maple Leaf College of Business and Technology

1This is an Application under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended ("the Code"). The Application is scheduled to be heard on September 20, 2012.

2By Notice of Confirmation of Hearing dated December 9, 2011, the Tribunal initially scheduled this matter to be heard on June 21, 2012.

3On December 22, 2011, the applicant emailed the Tribunal that he would be unable to attend the hearing on June 21, 2012, because he would be working overseas on that date. The applicant also inquired at that time whether he would be permitted to participate in the hearing by telephone.

4By email dated December 28, 2011, the Tribunal informed the applicant that he was required to attend the hearing of the Application in person, and that he could make a timely request that the hearing be rescheduled if he was unable to attend on the scheduled date.

5The applicant did this and the hearing was rescheduled to September 20, 2012, on the agreement of the parties.

6On September 4, 2012, the applicant emailed the Tribunal asking that he be permitted to participate in the September 20, 2012 hearing by teleconference on the basis that he was working overseas.

7In an Interim Decision dated September 7, 2012, the Tribunal denied the applicant's request and directed that he attend the September 20, 2012 hearing in person. In its Interim Decision, the Tribunal also directed the applicant to confirm to the Tribunal and the respondent in writing by no later than September 14, 2012, that he would be in attendance at the hearing on September 20, 2012. The Tribunal advised the applicant that if such confirmation was not received, the Tribunal might consider the applicant to have abandoned the Application and dismiss it accordingly: 2012 HRTO 1695.

8On September 8, 2012, the applicant emailed the Tribunal again, repeating his his earlier request that he be permitted to participate in the hearing of this Application by telephone.

9By Case Assessment Direction dated September 10, 2012, the Tribunal confirmed its September 7, 2012 Interim Decision and reiterated that the applicant was required to attend the September 20, 2012 hearing in person and to confirm in writing that he would be in attendance at such hearing by no later than September 14, 2012, failing which the Tribunal might consider the applicant to have abandoned the Application and dismiss it accordingly.

10It is now five days past the September 14, 2012 deadline and the applicant has not complied with the Tribunal's direction that he confirm in writing that he will be in attendance at the hearing of the Application on September 20, 2012. Nor has the applicant communicated with the Tribunal since his email of September 8, 2012. In the circumstances, I find that the applicant has abandoned his Application. The Application is dismissed accordingly. The September 20, 2012 hearing is cancelled.

ORDER

11The Application is dismissed as abandoned.