Human Rights Tribunal of Ontario
BETWEEN:
Mike Maurice Applicant
-and-
Xstrata Zinc Canada Respondent
DECISION
Adjudicator: Geneviève Debané Date: October 5, 2012 Citation: 2012 HRTO 1905 Indexed as: Maurice v. Xstrata Zinc Canada
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), scheduled for hearing in Thunder Bay on October 18 and 19, 2012.
2On September 7, 2012, the Tribunal issued a Case Assessment Direction (the “CAD”) which directed the applicant to deliver to the respondent all arguably relevant documents and to deliver and file with the Tribunal his hearing materials by no later than September 20, 2012.
3On September 19, 2012 the Tribunal issued Interim Decision 2012 HRTO 1773 which denied the applicant’s adjournment request and directed him to comply with the directions in the CAD by no later than September 28, 2012. The applicant was also ordered to advise whether he was proceeding with the Application and to confirm his attendance at the hearing.
4On October 1, 2012, the Tribunal received a letter from the respondent confirming that the applicant had not complied with the orders in the Interim Decision. The applicant did not respond to this letter.
5As of this date, the applicant has not filed any hearing materials with the Tribunal nor has he had any communication confirming that he is proceeding with the Application, or that he will be attending the hearing.
DECISION
6Having reviewed this matter, I am satisfied that the applicant has received the CAD and the Interim Decision.
7I find that the applicant has abandoned the Application since the applicant has not complied with the Orders in the Interim Decision or the Directions in the CAD. In addition, the applicant failed to advise the Tribunal of his intentions with respect to the Application as ordered by the Interim Decision. The applicant was warned in both the Interim Decision and the CAD that a failure to respond could result in his Application being dismissed as abandoned.
8The Application is dismissed, and accordingly the hearing is cancelled.
Dated at Toronto, this 5th day of October, 2012.
“Signed by”
Geneviève Debané Vice-chair