Mario William Sbattella v. Wilkinson Fireplace & Millwork, 2011 HRTO 2120

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mario William Sbattella

Applicant

-and-

Wilkinson Fireplace & Millwork

Respondent

DECISION

Adjudicator: Alan G. Smith
Date: November 22, 2011
Citation: 2011 HRTO 2120
Indexed as: Sbattella v. Wilkinson Fireplace & Millwork

BACKGROUND

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 August 23, 2010, and the respondent filed a Response on October 26, 2010.

2By correspondence dated June 30, 2011, the Registrar directed the parties to provide written submissions with regard to the purported insolvency of the respondent.

3The respondent’s receiver filed submissions on July 11, 2011, confirming the insolvency of the respondent. A copy of the submissions was also sent to the applicant.

4By correspondence dated September 21, 2011, the Registrar directed the applicant to advise the Tribunal of his intentions with respect to his Application. The applicant was further advised that if he did not respond within 14 days of the date of the correspondence, the Tribunal might consider the failure to respond as an abandonment of the Application and it may be dismissed.

5As of the date of this Decision, the applicant has not responded to the Tribunal’s correspondence and the Tribunal’s correspondence to the applicant has not been returned.

ORDER

6In the circumstances, the applicant is deemed to have abandoned the Application.

7The Application is dismissed.