Heath v. Kantzas, 2009 HRTO 404

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Heath

Applicant

-and-

John Kantzas

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: April 7, 2009

Citation: 2009 HRTO 404

Indexed as: Heath v. Kantzas

1By Interim Decision, 2008 HRTO 353, the Tribunal directed that a hearing be scheduled in this matter. The Interim Decision and Notice of Hearing were both returned as undeliverable. The Interim Decision was sent to the applicant by courier and the Notice of Hearing by regular mail. The Notice of Hearing was returned marked “moved”. The applicant provided no method of contact other than his street address.

2The applicant has not provided notification of his change in contact information as required by Rule 1.13 of the Tribunal’s Rules of Procedure. By Interim Decision, 2009 HRTO 310, the applicant was advised as follows:

The applicant must provide the Tribunal, no later than March 24, 2009, a current mailing address, telephone number, and email address (if available). The applicant must also confirm that he remains interested in proceeding with his Application. The applicant should, at the same time, provide this updated contact information to counsel for the respondents.

If the applicant fails to provide current contact information as directed, and confirm that he is interested in proceeding with the Application, the Tribunal may decide to cancel the hearing date and deem the applicant to have abandoned the Application.

3The Interim Decision was sent to the applicant by regular mail and courier at the mailing address provided in the Application. The applicant has not responded to the Tribunal’s Interim Decision and the Interim Decision sent to the applicant by courier was returned as undeliverable.

4In the circumstances, the applicant is deemed to have abandoned his Application and the hearing date is cancelled.

5The Application is dismissed.