Hashim Sada v. Toronto Transit Commission, 2013 HRTO 1129

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hashim Sada

Applicant

-and-

Toronto Transit Commission

Respondent

DECISION

Adjudicator: David Muir Date: June 26, 2013 Citation: 2013 HRTO 1129 Indexed as: Sada v. Toronto Transit Commission

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 goods and services because of race.

2The respondents have filed a Response (Form 2) to the Application. The applicant has not filed a Reply to the Response (Form 3).

3The respondents also filed a Request for Summary Hearing (Form 26) on February 15, 2013 to which the applicant did not respond although directed to do so.

4In a Case Assessment Direction dated May 31, 2013 the applicant was directed to deliver and file a Response (Form 11) to the respondents' Request for a Summary Hearing within 14 days of the date of the Direction, failing which this Application may be dismissed as abandoned. The applicant has not complied with this Direction nor communicated with the Tribunal in any fashion since filing her Application on December 18, 2012.

5The filing of an Application commences a legal proceeding which engages significant public and private resources. It is the Tribunal's expectation that the parties to an Application will participate in the process. This includes responding to issues as they arise in the course of the proceeding. The applicant's failure to respond to the respondent's Request and subsequent failure to respond to a Tribunal Direction to do so, or communicate with the Tribunal in any fashion indicates that he has abandoned this Application and accordingly it is dismissed.