Khalid Ilahi v. Nilesh Patel and Bhavanaben Patel, 2016 HRTO 413

Human Rights Tribunal of Ontario

B E T W E E N:

Khalid Ilahi Applicant

-and-

Nilesh Patel and Bhavanaben Patel Respondents

DECISION

Adjudicator: Naomi Overend Date: March 31, 2016 Citation: 2016 HRTO 413 Indexed as: Ilahi v. Patel

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 May 27, 2015.

2On July 8, 2015, the Human Rights Tribunal of Ontario (HRTO) issued a Delivery of Response and Notice of Request to Dismiss letter directing the applicant to provide a Reply that included written submissions on the respondent’s request to dismiss under s. 45.1 of the Code. The applicant was directed to file the Reply and written submissions by July 22, 2015. He was warned that if he failed to file written submissions by the required deadline the HRTO might consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.

3The applicant did not file written submissions as directed. However, on July 27, 2015, the applicant wrote to the HRTO by email to notify the Registrar that he had a change of address. The applicant did not send a copy of his email to the respondents, as required by the HRTO’s Rules of Procedure.

4On July 27, 2015, July 29, 2015, and again on August 25, 2015, the applicant was directed by the HRTO to file a Statement of Delivery (Form 23) to confirm that his new address had been forwarded to the respondents.

5On September 8, 2015, the applicant sent an email, saying that he had had a medical issue that prevented him from getting “a mailbox at a post office.” He asked for a 10-day extension. In a subsequent email, dated December 9, 2015, the applicant advised the HRTO that he had notified the respondents of his new address in October. He was advised that he must send written confirmation to the HRTO that he has done this.

6Since that time the HRTO has made three other attempts (on December 9, 2015, January 6, 2016, and February 19, 2016) to both obtain a correct and current mailing address from the applicant, and to obtain confirmation in writing that the applicant has provided the same address to the respondents. The most recent email to the applicant, sent on February 19, 2016, advised the applicant that if the HRTO did not hear from him by February 25, 2016, his Application might be dismissed as abandoned and his file closed.

7The applicant did not communicate with the HRTO in response to this most recent email and the time for so doing has passed. In the circumstances, the applicant is deemed to have abandoned the Application.

8The Application is dismissed.