Feisal Jama Elmi v. Comtech Manufacturing, 2013 HRTO 1190

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Feisal Jama Elmi

Applicant

-and-

Comtech Manufacturing

Respondent

DECISION

Adjudicator: Mary Truemner

Date: July 9, 2013

Citation: 2013 HRTO 1190

Indexed as: Elmi v. Comtech Manufacturing

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 July 26, 2013.

2On February 27, 2013, the Tribunal issued a Notice of Confirmation of Hearing directing the applicant to take certain steps in advance of the hearing. In particular, and among other things, the Notice of Confirmation of Hearing directed the applicant to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure by delivering to the respondent and filing with the Tribunal the documents he intended to rely upon at the hearing, a list of his witnesses and a summary of his witnesses’ anticipated evidence by no later than June 11, 2013 (i.e. 45 days before the first scheduled day of hearing).

3The applicant did not provide the respondent or the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure.

4Accordingly, in a Case Assessment Direction issued June 20, 2013, the Tribunal directed the applicant to provide the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure within seven (7) days, failing which the Application might be dismissed by the Tribunal as abandoned.

5The applicant’s deadline for complying with the Tribunal’s directions has now passed and the applicant has not delivered to the respondent or filed with the Tribunal the materials required pursuant to the Tribunal’s Rules of Procedure and/or the June 20, 2013 Case Assessment Direction.

7In the circumstances, it appears that the applicant has abandoned the Application.

ORDER

8The Application is dismissed as abandoned.