Collins v. Barone, 2011 HRTO 617

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Neroy Collins Applicant

-and-

Favorito Barone Respondent

DECISION

Adjudicator: Sherry Liang Date: March 29, 2011 Citation: 2011 HRTO 617 Indexed as: Collins v. Barone

1This is an Application filed on April 22, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”).

2Mediation in this Application was scheduled for February 28, 2011. Three days prior to the mediation, the applicant’s representative contacted the Tribunal indicating that he had lost contact with the applicant and would therefore have to withdraw from the mediation. The Tribunal cancelled the mediation.

3By letter dated March 7, 2011, the Tribunal requested that the applicant or the representative advise whether he still represents the applicant in the Application. Further, the Tribunal requested that the applicant or the representative advise the Tribunal, within ten days of the letter, whether the applicant wishes to proceed with the Application. The letter was sent to the applicant’s representative as well as to the applicant at the address provided in the Application.

4The applicant’s representative sent email correspondence confirming that he is unable to contact the applicant and is unable to proceed with the Application on his behalf. The correspondence to the applicant was returned marked “moved/unknown”.

5Rule 5.4 of the Tribunal’s Rules of Procedure provides that 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. In the circumstances, the Tribunal deems the applicant to have abandoned the Application and it is dismissed.