Eaton v. Municipality of Village of Burk’s Falls, 2012 HRTO 154

Human Rights Tribunal of Ontario

B E T W E E N:

Wallace Eaton

Applicant

-and-

Municipality of Village of Burk’s Falls

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: January 19, 2012

Citation: 2012 HRTO 154

Indexed as: Eaton v. Municipality of Village of Burk’s Falls

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 August 16, 2010.

2On August 30, 2011 the applicant sent a fax to the Tribunal and indicated he was ill and unable to continue with the Application.

3On September 9, 2011 the Tribunal sent a letter to the applicant directing that he advise it of his intentions with respect to the Application. The applicant did not respond to this letter.

4On September 19, 2011 Tribunal staff contacted the applicant by telephone. The applicant indicated that he wanted to re-schedule the mediation and did not intend to withdraw his Application.

5On September 20, 2011 and September 27, 2011 the applicant re-faxed the same correspondence from August 30, 2011. Neither fax appears to have been copied to the respondent.

6On October 6, 2011 the Tribunal emailed the applicant asking for information in order to re-schedule the mediation in this matter. Further attempts to contact the applicant by telephone have been unsuccessful.

7On October 18, 2011 the Tribunal wrote the applicant directing that he provide the information requested in the previous Tribunal correspondence dated September 9, 2011 and October 6, 2011. The letter warned the applicant that a failure to respond to the letter in writing within ten days may be deemed an abandonment of the Application.

8As of the date of this Decision the applicant has not responded to the Tribunal and the Tribunal’s correspondence to him has not been returned.

9In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.