HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
David Niven
Applicant
-and-
Hudson’s Bay Company
Respondent
DECISION
Adjudicator: Sherry Liang
Indexed as: Niven v. Hudson’s Bay
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 October 13, 2010.
2The respondent filed a Response on January 5, 2011. In the Response the respondent asked that the Application be dismissed on the basis that the applicant had signed a full and final release with respect to the issues in dispute in the Application.
3By Notice issued January 18, 2011, the Tribunal delivered the Response to the applicant and directed him to provide his submissions on the request to dismiss by no later than February 1, 2011. The Notice advised that a failure to respond as directed may result in the Application being dismissed as abandoned.
4To date the applicant has not responded to the Notice, and the time for doing so has now passed.
5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 8^th^ day of February, 2011.
“Signed by”
Sherry Liang
Vice-chair