Human Rights Tribunal of Ontario
B E T W E E N:
André Been
Applicant
-and-
Humber College Institute of Technology and Advanced Learning, Glenn Bryant, April Carnovale, Laurie Turner, and Gary Jeynes
Respondents
DECISION
Adjudicator: Ken Bhattacharjee
Indexed as: Been v. Humber College Institute of Technology and Advanced Learning
1The purpose of this Decision is to determine whether the Tribunal should dismiss the Application as abandoned.
2The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on March 26, 2009. In his Application, he stated that the best way to send information to him was by mail (rather than e-mail or fax). He also provided a telephone number.
3Since then, the applicant has notified the Tribunal twice of a change of mailing address, but numerous correspondences from the Tribunal to the applicant have been returned to the Tribunal with a notation stating "Moved". Furthermore, the telephone number that the applicant provided is out of service.
4On March 8, 2011, the Tribunal sent the applicant a letter to his last known mailing address, which stated:
You must advise the Tribunal of your intentions with respect to this Application.
The Tribunal draws your attention to Rule 5.4 of the Tribunal's Rules of Procedure:
5.4 The Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person.
If you do not respond within ten days of the date of this letter, the Tribunal will deem you to have abandoned the Application and close this file.
5To date, the applicant has not responded to the Tribunal's correspondence, or otherwise contacted the Tribunal.
6In the circumstances, the applicant is deemed to have abandoned the Application, and the Application is dismissed.
Dated at Toronto, this 18^th^ day of August, 2011.
"Signed by"
Ken Bhattacharjee
Vice-chair