William Lawrence v. Ever-Reddy Packaging Limited, 2011 HRTO 1270

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

William Lawrence

Applicant

-and-

Ever-Reddy Packaging Limited

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: July 4, 2011

Citation: 2011 HRTO 1270

Indexed as: Lawrence v. Ever-Reddy Packaging Limited

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 May 31, 2010.

2On September 17, 2010, the respondent filed a Response.

3On November 5, 2010, counsel for the applicant wrote to the Tribunal advising that the applicant had decided to withdraw the Application and that a Form 9 (Request to Withdraw) would be filed shortly.

4On December 7, 2010, the Tribunal wrote to the applicant’s counsel inquiring as to the status of the Form 9 (Request to Withdraw). On December 7, 2010, counsel for the applicant advised the Tribunal, via email, that the Form 9 is prepared and would be forwarded to the Tribunal after execution by the applicant.

5On January 28, 2011 and April 19, 2011, the Tribunal wrote again to the applicant’s counsel requesting that the Applicant advise of his intentions with respect to the Application. Neither the applicant nor his counsel responded to these enquiries.

6On June 1, 2011, the Tribunal wrote to the applicant’s counsel requesting that the applicant advise the Tribunal of his intentions with respect to his Application within ten days. The letter warned the applicant that if the Tribunal did not receive confirmation that the applicant intends to withdraw his application or instructions to proceed with the file in the normal course, the Application might be deemed abandoned and the file closed.

7As of the date of this Decision the applicant has not responded to the Tribunal’s letter of June 1, 2011 and the Tribunal’s correspondence to him has not been returned.

8In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.