Md Mujibur Rahman v. Rocco Restaurant & Bar Inc., 2012 HRTO 1951

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Md Mujibur Rahman

Applicant

-and-

Rocco Restaurant & Bar Inc. and David Imastounian

Respondents

DECISION

Adjudicator: David Muir

Date: October 15, 2012

Citation: 2012 HRTO 1951

Indexed as: Rahman v. Rocco Restaurant & Bar Inc.

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 race, colour, place of origin, ethnic origin and family status.

2On June 29, 2012, a Response was filed. The respondents requested that the Application be dismissed pursuant to s. 45.1 of the Code on the basis that the substance of it had been appropriately dealt with in another proceeding.

3On July 24, 2012, at the request of counsel for the applicant, the Registrar granted an extension of time to the applicant to file a Reply until August 7, 2012.

4On August 7, 2012, the Tribunal was advised by counsel that it was no longer retained.

5On September 4, 2012, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to file a Reply to the Response, in particular replying to the request that the Application be dismissed because it has been dealt with in another proceeding. The Tribunal directed that this Reply be filed within 14 days of the date of the CAD, failing which the Application may be dismissed as abandoned.

6This CAD was sent by e-mail to the applicant at the e-mail address provided in the Application. It was also sent by regular mail to the applicant to an address provided by counsel at the time the Tribunal was notified that it was no longer retained. The correspondence has not been returned to the Tribunal as undeliverable.

7The applicant has not responded to the CAD and the time for doing so has now passed.

8In the circumstances, the applicant is deemed to have abandoned the Application.

9The Application is dismissed.