Human Rights Tribunal of Ontario
B E T W E E N:
Kasim Khan Applicant
-and-
IBM Canada Ltd. and Catherine Chalmers Respondents
Adjudicator: Douglas Sanderson Date: October 24, 2012 Citation: 2012 HRTO 2015 Indexed as: Khan v. IBM Canada Ltd.
INTERIM DECISION
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. The hearing of this matter has been scheduled on November 19, 20 and 21, 2012.
2On April 12, 2012, the Tribunal sent the parties a Notice of Confirmation of Hearing directing them to take certain steps in advance of the hearing. In particular, the Notice of Confirmation of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal's Rules of Procedure by providing one another with copies of their arguably relevant documents by May 5, 2012; and by exchanging with one another and filing with the Tribunal the documents they intended to rely upon at the hearing, a list of their witnesses and a summary of their witnesses' anticipated evidence by no later than October 5, 2012. The Applicant requested and was granted an extension of the deadline to deliver arguably relevant documents to June 1, 2012.
3The applicant did not provide the respondents or the Tribunal with the materials required under Rules 16 and 17 of the Tribunal's Rules of Procedure by either June 1, 2012 or October 5, 2012. The applicant also did not respond to the respondents' Request for Order During a Proceeding, dated August 21, 2012, seeking disclosure of arguably relevant documents or to the respondents' letter of September 25, 2012 seeking certain relief in light of the applicant's failure to comply with his pre-hearing disclosure requirements.
4Accordingly, in Interim Decision 2012 HRTO 1914 [CHRR Doc. 12-2414], the Tribunal directed the applicant to provide the materials required under Rules 16 and 17 of the Tribunal's Rules of Procedure immediately, and in any event within 7 days, failing which the Tribunal may dismiss the Application as abandoned.
5The applicant's deadline for complying with the Tribunal's directions has now passed and the applicant has not delivered to the respondents or filed with the Tribunal the materials required pursuant to the Tribunal's Rules of Procedure and Interim Decision 2012 HRTO 1914 [CHRR Doc. 12-2414].
6In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.
ORDER
7The Application is dismissed as abandoned.
Dated at Toronto, this 24thday of October, 2012.
"Signed by"
__________________________________
Douglas Sanderson
Vice-chair