Human Rights Tribunal of Ontario
B E T W E E N:
Mohamed Elkhouli
Applicant
-and-
Ecuhome Corporation, Jacqueline Beckford, Barry Espin, Harry Fine, Sally Murphy and Bruce Sexsmith
Respondents
DECISION
Adjudicator: Naomi Overend Date: November 6, 2014 Citation: 2014 HRTO 1632 Indexed as: Elkhouli v. Ecuhome 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 November 8, 2011.
2In Interim Decision 2012 HRTO 1342 issued on July 10, 2012, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing Landlord and Tenant Board (“LTB”) proceedings. The applicant then requested reactivation of the Application on December 4, 2012 on the basis that the LTB had rendered its decision on his matters.
3The respondents requested on December 6, 2012 that the Application be deferred pending the conclusion of a Superior Court action commenced by the applicant on September 27, 2012. On February 13, 2013, the Tribunal issued Interim Decision 2013 HRTO 310, deferring the Application to the conclusion of the civil action.
4On July 21, 2014, the Tribunal wrote to the applicant. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letter whether the other proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned. This letter was re-sent to the applicant by email on September 16, 2014. This email also warned the applicant of the consequences of not responding.
5The applicant has not responded to the Tribunal’s July 21, 2014 letter or September 16, 2014 email. The Tribunal’s letter and follow-up email to the applicant have not been returned as undeliverable.
6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 6th day of November, 2014.
”Signed by”________________________
Naomi Overend Vice-chair