Kasongo v. Gott, 2013 HRTO 166

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ali Kasongo

Applicant

-and-

Alster Gott

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: January 30, 2013

Citation: 2013 HRTO 166

Indexed as: Kasongo v. Gott

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 August 14, 2012.

2On September 26, 2012, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appears to be outside the Tribunal’s power to decide and was incomplete. The applicant was directed to respond to the issues raised in the NOID by no later than October 16, 2012. The NOID advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason.

3On October 5, 2012 the applicant responded to the NOID by addressing some of the completeness issues but he did not file any submissions with respect to the jurisdiction issues identified in the notice. On November 20, 2012 the applicant requested and was granted an extension to file the jurisdiction submissions until November 30, 2012. No submissions were filed with the Tribunal by this date.

4On December 21, 2012 the Tribunal wrote to the applicant noting the failure to provide the submissions and directing that he respond to the jurisdiction issues by December 31, 2012. The letter warned that a failure to respond may be considered an abandonment of the Application and that it might be dismissed for that reason. The applicant has not responded to the Tribunal’s December 31, 2012 letter and the time for doing so has now passed.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.