Rafiqui v. Air Transat

Rafiqui v. Air Transat

The Tribunal dismissed the complaint as abandoned because the complainant failed to communicate or advance his case for 18 months despite multiple notices and opportunities, causing prejudice to the respondent and impeding timely resolution; the Tribunal was satisfied the complainant had notice of the consequences of non‑participation.

Citation
2024 CHRT 108
Parties
Complainant: Ayoub Rafiqui; Commission: Canadian Human Rights Commission; Respondent: Air Transat
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
4 October 2024
Procedural Posture
Human Rights Complaint / Decision (dismissal as Abandoned)
Outcome
Dismissed as abandoned
Legal Topics
Disability Discrimination, Race Discrimination, Religion Discrimination, National or Ethnic Origin Discrimination, Abandonment of Complaint, Procedural Fairness, Timeliness
Source Language
English
Human Rights Administrative Law Discrimination Disability Discrimination Race Discrimination Religion Discrimination National or Ethnic Origin Discrimination Abandonment of Complaint +2 more

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Parties

Ayoub Rafiqui

Complainant

Canadian Human Rights Commission

Commission

Air Transat

Respondent

Procedural Posture

Human Rights Complaint / Decision (dismissal as Abandoned)

Legal Issues

  1. 1 Whether the complaint should be dismissed as abandoned for lack of participation by the complainant
  2. 2 Whether the complainant received adequate notice and opportunity to proceed
  3. 3 Balance between complainant participation and respondent's right to timely resolution

Ratio Decidendi

The Tribunal dismissed the complaint as abandoned because the complainant failed to communicate or advance his case for 18 months despite multiple notices and opportunities, causing prejudice to the respondent and impeding timely resolution; the Tribunal was satisfied the complainant had notice of the consequences of non‑participation.

Court Disposition

Dismissed as abandoned

Orders

  • Complaint dismissed as abandoned.
  • Tribunal file to be closed.