HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
George Butcher
Applicant
-and-
Lakeshore Inc.
Respondent
DECISION
Adjudicator: Alan Whyte
Indexed as: Butcher v. Lakeshore
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), which alleges discrimination in employment on the ground of disability.
2In its Response, the respondent made a request for early dismissal without a full Response, on the basis that the applicant had signed a full and final release with respect to the same matter dealt with in the Application.
3On October 29, 2009, the Tribunal forwarded a copy of the Response to the applicant, noting that the respondent sought dismissal of the Application because the applicant signed a full and final release, and requested that the applicant file a Response to the Request for Order in Form 11 no later than 14 days from October 29, 2009.
4As the Form 11 was not filed by the applicant, the Tribunal wrote to the applicant again on December 29, 2009, and indicated that the applicant was required to either file a Form 11 as previously requested, or, if it was his intention to withdraw the Application, to file a Form 9 with the Tribunal, no later than 14 days after December 29, 2009.
5As the applicant did not file either a Form 11 or a Form 9 within the time limit for doing so, the Tribunal wrote to the applicant once again on January 20, 2010, requiring that he file a Form 11 by February 1, 2010, if it is his intention to proceed with the Application.
6The applicant has filed neither a Form 11 or a Form 9. In the circumstances, the Application is dismissed as abandoned.
Dated at Toronto, this 18th day of February, 2010.
“Signed by”
Alan Whyte
Vice-chair