Hajar Moemeni Farahani v. City of Toronto, 2016 HRTO 253

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hajar Moemeni Farahani

Applicant

-and-

City of Toronto

Respondent

DECISION

Adjudicator: Dawn J. Kershaw

Date: February 25, 2016

Citation: 2016 HRTO 253

Indexed as: Farahani v. Toronto (City)

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 June 18, 2010.

2In Interim Decision 2012 HRTO 2313 issued December 10, 2012, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing grievance proceedings.

3On 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.

4The applicant responded on August 17, 2014 to advise that there was one final arbitration date scheduled for September 24, 2014, and that he would update the Tribunal with respect to the status of the grievance after that time. He did not do so.

5On December 31, 2015 the Tribunal again 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.

6The applicant has not responded to the Tribunal’s December 31, 2015 letter. The Tribunal’s letter to the applicant has not been returned as undeliverable.

7In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.