HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Terrence Gibbs
Applicant
-and-
645026 Ontario Limited o/a Mr. Marble
Respondent
DECISION
Adjudicator: Alan G. Smith
Date: August 17, 2011
Citation: 2011 HRTO 1540
Indexed as: Gibbs v. 645026 Ontario 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 4, 2010.
2On May 30, 2011, the Tribunal issued a Notice of Intent to Dismiss the Application (NOID) on the basis that the applicant has signed a full and final release with respect to the same issues in dispute. The applicant was directed to respond to the issues raised in the NOID by no later than June 13, 2011. This date to respond was then extended by the Tribunal to July 29, 2011. The NOID advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason.
3The applicant has not responded to the NOID and the time for doing so has now passed.
4In the circumstances, the applicant is deemed to have abandoned the Application.
5The Application is dismissed.
Dated at Toronto, this 17th day of August, 2011.
“Signed by”
Alan G. Smith
Member