Kassim v. TJX (Homesense, Marshalls and Winners Distribution Service), 2014 HRTO 387

Human Rights Tribunal of Ontario

B E T W E E N:

Kamil Kassim

Applicant

-and-

TJX (Homesense, Marshalls and Winners Distribution Service) and Trystan Linton

Respondents

DECISION

Adjudicator: Jennifer Scott Date: March 19, 2014 Citation: 2014 HRTO 387 Indexed as: Kassim v. TJX (Homesense, Marshalls and Winners Distribution Service)

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 1, 2012.

2In Interim Decision 2013 HRTO 373, issued March 5, 2013, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing grievance proceedings.

3On January 17, 2014, the Tribunal wrote to the applicant. The applicant was asked to inform the Registrar in writing by February 17, 2014, 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.

4The applicant has not responded to the Tribunal’s January 17, 2014 letter. The Tribunal’s letter to the applicant has not been returned as undeliverable.

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