HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Raynald Lalonde
Applicant
-and-
Dalco Concept Inc.
Respondent
DECISION
Adjudicator: Geneviève Debané
Indexed as: Lalonde v. Dalco Concept Inc.
INTRODUCTION
1This is an Application filed under s.34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination in employment on the basis of disability and age. The respondent has filed a Response denying the allegations.
2In August 2011, the applicant advised the Tribunal that he believed that the respondent was bankrupt and the Tribunal directed the applicant to provide more information and/or documents confirming the bankruptcy of the respondent. The applicant did not respond to the Tribunal's request for information.
3On January 4, 2012, the Tribunal issued a Notice of Hearing which advised the parties that the hearing into the merits of the Application would be held in Ottawa on June 25, 26 and 27, 2012. Pursuant to the Notice of Hearing and the Tribunal's Rules of Procedure, the applicant had to deliver to the respondent and file with the Tribunal all of the documents that he intended to rely on at the hearing; a witness list; and a summary of the witnesses' evidence by May 11, 2012 (collectively "the hearing materials").
4On April 24, 2012, the Tribunal issued a Case Assessment Direction (the "CAD"), which states at paragraph 10:
The applicant is directed by May 11, 2012, to deliver to the respondent and file with the Tribunal confirmation of whether he wishes to proceed with this Application. If the applicant fails to communicate with the Tribunal or advises that he does not wish to proceed, the Application may be dismissed as abandoned.
5The CAD also directed the respondent to confirm its legal status and whether it had indeed filed for bankruptcy. On May 4, 2012, the Tribunal received a letter from Deloitte & Touche Inc. ("Deloitte") confirming that on February 8, 2012, Deloitte was appointed Trustee after the respondent filed for bankruptcy.
6The applicant has had no contact with the Tribunal since August 2011. I am satisfied that all correspondences from to the Tribunal to the applicant were sent to him including the Notice of Hearing and the CAD.
DECISION
7Having reviewed this matter, I am satisfied that the applicant has abandoned the Application since the Tribunal has received no communication from the applicant since August 2011, and he has not filed any hearing materials. In addition, the applicant failed to advise the Tribunal of his intentions with respect of the Application as directed by the CAD. He was warned that a failure to respond could result in his Application being dismissed as abandoned.
8The Application is dismissed.
Dated at Toronto, this 25^th^ day of May, 2012.
"Signed by"
Geneviève Debané
Vice-chair