Timothy Sander v. Coca-Cola Bottling Company, 2009 HRTO 1517

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Timothy Sander

Applicant

-and-

Coca-Cola Bottling Company

Respondent

DECISION

Adjudicator: Alan Whyte

Date: September 22, 2009

Citation: 2009 HRTO 1517

Indexed as: Sander v. Coca-Cola Bottling Company

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 January 29, 2009 and the respondent filed a Response on June 12, 2009.

2The Tribunal forwarded a copy of the Response to the applicant by letter dated August 5, 2009 and directed the applicant to provide his submissions on the respondent's request to dismiss the Application on the grounds that another proceeding has appropriately dealt with the issues in dispute in his Reply. The deadline for delivering the Reply was August 19, 2009.

3No Reply was received by the deadline. The Tribunal sent further correspondence to the applicant dated August 28, 2009 directing the applicant to file a Reply within 10 days of the date of the letter. The letter also indicated that failure to do so might result in the Tribunal dismissing the Application as abandoned. No Reply has been received and the Tribunal's correspondence has not been returned to it.

4In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.