HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
N. Kimber Green
Applicant
-and-
Sykes Assistance Services Corporation
Respondent
DECISION
Adjudicator: Kathleen Martin
Indexed as: Green v. Sykes Assistance Services
1This is an Application filed on October 20, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”).
2On November 30, 2010, a Response was received. In the Response the respondent requested dismissal without a full response on the basis that the applicant signed a full and final release (the “Release”) with respect to the same matter. The Release was attached to the Response.
3On November 30, 2010, the Tribunal delivered the Response and a Notice of a Request to Dismiss to the applicant. The Tribunal’s Notice highlighted the respondent’s Request and indicated that the applicant must respond to the Request by completing a Form 11 (Response to Request For Order During Proceedings) which gives the applicant’s position on the Request and provide the same to the Tribunal with a copy to the respondent by no later than December 14, 2010. The Notice further stated:
The HRTO will consider your submissions before deciding whether to dismiss or proceed with your Application. If you do not file written submissions by the required time, the HRTO will make its decision based only on the information in your Application and the Response or may consider the failure to respond as an abandonment of your Application and dismiss the Application for that reason (emphasis added).
4The Tribunal’s correspondence of November 30, 2010 was delivered by regular mail to the address provided in the Application
5The Tribunal has not received any submissions from the applicant and the time for doing so has elapsed.
6Having regard to the above, I find that the applicant has abandoned the Application. The Application is therefore dismissed.
Dated at Toronto, this 10^th^ day of January, 2011.
“Signed by”
Kathleen Martin
Vice-chair