Edward Jerzykiewicz v. Workplace Safety and Insurance Board, 2011 HRTO 1091

Human Rights Tribunal of Ontario

B E T W E E N:

Edward Jerzykiewicz Applicant

-and-

Workplace Safety and Insurance Board Respondent

DECISION

Adjudicator: Kathleen Martin

Date: June 6, 2011

Citation: 2011 HRTO 1091

Indexed as: Jerzykiewicz v. Workplace Safety and Insurance Board

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 October 28, 2009 .

2In Interim Decision 2010 HRTO 979, issued May 4, 2010, the Tribunal deferred proceeding with this Application pending the conclusion of the applicant’s Workplace Safety and Insurance Board (“WSIB”) appeal.

3On April 12, 2011, the Tribunal wrote to the applicant. He was asked to inform the Registrar in writing by May 12, 2011 whether the WSIB appeal was still ongoing and, if possible, to indicate when it was expected to be completed. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned.

4The applicant has not responded to the Tribunal’s April 12, 2011 letter. The Tribunal’s letter to the applicant has not been returned as undeliverable.

5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.