Shaheen Moledina v. Holy Spirit Child Care Centre, 2017 HRTO 1429

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Shaheen Moledina

Applicant

-and-

Holy Spirit Child Care Centre

Respondent

DECISION

Adjudicator: Eban Bayefsky

Decision Date: October 30, 2017

Citation: 2017 HRTO 1429

Indexed as: Moledina v. Holy Spirit Child Care Centre

Introduction

1The applicant filed an Application under the Human Rights Code, R.S.O. 1990, c. H.19 as amended, on May 20, 2016.

2On May 31, 2017, the Tribunal issued a Notice of Hearing to the parties advising that a hearing had been scheduled for November 14 and 15, 2017.

3The same day, counsel for the applicant advised that the case had been settled and requested that the hearing be cancelled.

4On June 15, 2017, the Tribunal wrote to the parties advising that the hearing would only be cancelled upon the filing of a Confirmation of Settlement (Form 25). The Tribunal directed the parties to either file a Form 25, or comply with their pre-hearing disclosure obligations as set out in the Notice of Hearing, by June 21, 2017.

5On October 13, 2017, the Tribunal wrote to the parties, directing them to provide the Tribunal with a completed Form 25, no later than October 20, 2017, so that it could close the file on the basis of the settlement. The letter went on to advise that if the Tribunal did not receive a signed, completed Form 25 or confirmation that the applicant intended to proceed to a hearing by October 20, 2017, the Tribunal might deem the Application to be abandoned and dismiss the Application on that basis. The Tribunal also stated that, if the matter had not settled, the parties were required to comply with their disclosure obligations by October 20, 2017.

6On October 20, 2017, counsel for the applicant advised as follows:

…we have made numerous fruitless attempts to contact our client in order to compete From 25 [sic] and forward to your offices prior to today’s date.

The client has not been responsive until this date.

Please advise on how we can proceed to officially close this matter with the HRTO.

7On October 23, 2017, the Tribunal called the applicant, who advised that she had not heard from her representative. During the call, the Tribunal advised the applicant to contact her representative about signing the Form 25.

8Neither the applicant nor her counsel has contacted the Tribunal further. They have not provided a completed Form 25 or confirmation that the applicant intends to proceed to a hearing. They have also not complied with their disclosure obligations by the noted deadline.

order

9In all of the circumstances, the applicant is deemed to have abandoned the Application. The Application is dismissed.