Nolan v. Balagovic, 2011 HRTO 845

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Curtis Nolan

Applicant

-and-

Robert Balagovic

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: April 29, 2011

Citation: 2011 HRTO 845

Indexed as: Nolan v. Balagovic

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 January 27, 2010. The Application was delivered to the respondent.

2On June 10, 2010, the applicant informed the Tribunal that he had decided not to proceed with his Application. The Tribunal informed him that he needed to file the appropriate forms with the Tribunal confirming that he was withdrawing his Application. The applicant did not provide the Tribunal with the required forms.

3By letter dated October 28, 2010, the Tribunal sought written confirmation of his intention to withdraw his Application and attached to the letter a Form 9, Request to Withdraw, and Form 23, Statement of Delivery, for the applicant to complete and return. The Tribunal indicated that, if he wished to pursue his Application, he could notify the Tribunal by general correspondence. The Tribunal advised the applicant that if he failed to respond to the Tribunal’s letter by November 8, 2010, his Application may be considered abandoned and closed.

4The applicant has not responded to the Tribunal’s letter dated October 28, 2010. Accordingly, the Application is dismissed as abandoned.