Paul Badura v. Olimpia Crosby and Dan Koenig, 2011 HRTO 1414

Human Rights Tribunal of Ontario

B E T W E E N:

Paul Badura

Applicant

-and-

Olimpia Crosby and Dan Koenig

Respondents

DECISION

Adjudicator: Michelle Flaherty

Date: July 27, 2011

Citation: 2011 HRTO 1414

Indexed as: Badura v. Crosby

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”).

2By correspondence dated January 12, 2011, the Registrar directed the applicant to advise the Tribunal of his intentions with respect to the Application. The applicant was further advised that if he did not respond within 30 days of the date of the correspondence, the Tribunal may dismiss the Application as abandoned.

3On January 25, 2011, the correspondence was returned to the Tribunal as undeliverable. In electronic correspondence, dated January 31, 2011, the Tribunal delivered to the applicant’s email address a copy of the January 12, 2011 Registrar’s letter. The applicant was directed to update his mailing address, as required by the Tribunal’s Rules, and to respond to the Registrar’s request by March 2, 2011.

4On February 1, 2011, the applicant emailed the Tribunal providing an updated mailing address. However, the applicant did not communicate his intentions with respect to the Application.

5By Case Assessment Direction (“CAD”) dated March 24, 2011, the Tribunal gave the applicant a further opportunity to respond to the Registrar’s letter, failing which the Tribunal indicated that it may deem the Application to have been abandoned.

6By CAD dated June 8, 2011, the Tribunal held that it was unclear that the March 24, 2011 CAD was delivered to the applicant. The Tribunal directed that the two CADs be delivered to the applicant and that the deadline for him to respond to the matters set out in the March 24, 2011 CAD be extended to June 22, 2011.

7The applicant has not responded and the deadline for doing so has elapsed. The Application is dismissed as abandoned.