Human Rights Tribunal of Ontario
B E T W E E N:
Hamza Ali
Applicant
-and-
Alpha Polybag Corporation
Respondent
DECISION
Adjudicator: Michelle Flaherty
Indexed as: Ali v. Alpha Polybag Corporation
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on October 19, 2010.
2On July 8, 2011, the Tribunal issued a Notice of Summary Hearing to the parties confirming that a summary hearing of the Application would take place on September 12, 2011 at 655 Bay Street, 14th Floor, Toronto, Ontario. The applicant requested an adjournment of the summary hearing. This request was granted by the Tribunal on September 9, 2011, by way of an Interim Decision. This Interim Decision directed the parties to provide their available dates for a rescheduled hearing in the next twelve weeks to the Registrar within 10 days of the date of the Interim Decision.
3The parties failed to provide a response as directed by the Interim Decision. On January 9, 2012, the Tribunal sent a letter to the applicant’s representative requiring the applicant to confirm his intentions regarding the Application. The letter advised the applicant that a failure to respond to the letter by January 19, 2012, would be deemed an abandonment of the Application.
4On January 27, 2012, the applicant wrote to the Tribunal advising that the parties had settled the matter and that the applicant wished to withdraw his Application.
5On March 14, 2012, a Tribunal staff member emailed the applicant’s counsel confirming a telephone conversation of February 29, 2012, wherein the applicant’s counsel had advised that the matter had not in fact been settled. The Tribunal staff member asked in the email that counsel advise within 10 days if the applicant wished to proceed with the Application. The applicant’s counsel did not respond to this March 14, 2012 email.
6On March 27, 2012, the Tribunal wrote to the applicant’s counsel and indicated that he had until April 6, 2012 to file with a Request to Withdraw (Form 9) or a Settlement (Form 25) or advise the HRTO in writing whether he intends to proceed with the Application. The letter advised the applicant that a failure to respond to the letter in writing by April 6, 2012 would be deemed an abandonment of the Application.
7As of the date of this Decision the applicant has not responded to the Tribunal and the Tribunal’s correspondence to him has not been returned.
8In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 24th day of April, 2012.
“Signed by”
________________________________
Michelle Flaherty
Vice-chair