Timothy Sander v. Coca-Cola Bottling Company, 2009 HRTO 1826

Human Rights Tribunal of Ontario

B E T W E E N:

Timothy Sander Applicant

-and-

Coca-Cola Bottling Company Respondent

RECONSIDERATION DECISION

Adjudicator: Alan Whyte Date: October 30, 2009 Citation: 2009 HRTO 1826 Indexed as: Sander v. Coca-Cola Bottling Company

1In its Decision, 2009 HRTO 1517, the Tribunal noted that the applicant had been directed by a Registrar's letter to file a Reply by September 7, 2009, failing which the Application might be dismissed as abandoned. Given the applicant's failure to file a Reply by the deadline, the Tribunal deemed the Application to be abandoned.

2On September 29, 2009, the applicant filed a Request for Reconsideration which indicates that he did not receive the above noted Registrar's letter as his former e-mail address was not working. He therefore takes the position that through no fault of his own, he did not receive notice of the required steps to be taken by him.

3The Tribunal accepts the applicant’s submissions and allows the Request for Reconsideration.

4The applicant is directed to file a Reply by November 6, 2009 which must address the respondent’s request to dismiss the Application on the ground that another proceeding has appropriately dealt with the issues in dispute.

5I am not seized.