James Budan-Hughes v. Clemmer Steelcraft Technologies Inc., 2009 HRTO 832

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

James Budan-Hughes Applicant

• and-

Clemmer Steelcraft Technologies Inc. Respondent

DECISION

Adjudicator: David A. Wright Date: June 11, 2009 Citation: 2009 HRTO 832 Indexed as: Budan-Hughes v. Clemmer Steelcraft Technologies

1This Application for breach of settlement was filed with the Tribunal on April 8, 2009. The respondent advised the Tribunal, in its Response and in a letter copied to the applicant dated April 30, 2009, that the cheque required as a result of the settlement was inadvertently sent beyond the deadline as a result of a clerical error.

2The Registrar wrote to the applicant as follows on May 25, 2009:

The Tribunal has received the respondent’s Response in respect of your application alleging a contravention of settlement. In the response the respondent advises that through an error you did not receive settlement funds on the date agreed to between the parties but that you are now in receipt of those funds.

On May 5, 2009, you advised the Tribunal by phone that you wish to continue with this Application.

In the circumstances please confirm in writing your position with respect to continuing with your Application, whether you dispute receiving the settlement funds in full and describe the remedy or relief you seek. Please deliver your submissions to Mr. Geiger, the lawyer for the respondent, and file them with the Tribunal no later than 10 days from the date of this letter.

3The applicant did not respond to the Registrar’s letter as directed. Accordingly, the Application is dismissed as abandoned.