Human Rights Tribunal of Ontario
Between:
Cherryl McKenzie Applicant
-and-
Villa Forum and Laurie Benjamin Respondents
Decision
Adjudicator: Douglas Sanderson Date: June 28, 2012 Citation: 2012 HRTO 1284 Indexed as: McKenzie v. Villa Forum
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 June 21, 2010.
2In Interim Decision 2010 HRTO 2068 issued October 12, 2010, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing grievance proceedings.
3At the time of the Interim Decision, the applicant was represented by Glen Morrison, operating as Human Rights Labour Relations & Training, 1351 Matheson Blvd. East Unit 20, Mississauga Ontario L4W 2A1. By letter dated December 13, 2010 addressed to the Tribunal, Mr. Morrison advised that his practice would be closing effective December 31, 2010 and that he was transferring carriage of his files to Ayoob Khan, operating as Servexcel Legal Services. He advised that the mailing, phone and fax contact information for Servexcel remained the same as his business. Mr. Morrison provided no forwarding contact information for himself.
4On September 26, 2011 the Tribunal wrote to Mr. Khan, the individual it believed to be the applicant's representative. The letter requested that the applicant advise the Tribunal whether the grievance proceedings remained ongoing and, if possible, to indicate when they were expected to be completed.
5By email dated September 28, 2011, Mr. Khan advised that he did not represent the applicant.
6On February 7, 2012 the Tribunal wrote to the applicant directly. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letter whether the grievance proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned. On April 20, 2012 the Tribunal followed up by issuing a final request for a status update.
7The applicant has not responded to the Tribunal's letters dated February 7, 2012 and April 20, 2012. The Tribunal's letters to the applicant were sent to the address provided in the Application and have not been returned as undeliverable.
8In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 28th day of June, 2012.
"Signed by"
__________________________________
Douglas Sanderson Vice-chair