Vidito v. AFI International Group Inc., 2012 HRTO 1953

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Vidito

Applicant

-and-

AFI International Group Inc.

Respondent

DECISION

Adjudicator: Judith Keene

Date: October 15, 2012

Citation: 2012 HRTO 1953

Indexed as: Vidito v. AFI International Group Inc.

WRITTEN SUBMISSIONS

Michael Vidito, Applicant

No submissions

AFI International Group Inc., Respondent

Leah Simon, Counsel

Introduction

1This is a decision in respect of an Application filed on September 15, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability. Hearing dates for this Application were scheduled for October 25 and 26, 2012. The Notice of Confirmation of Hearing advised the parties that witness statements and other documents relevant to their intended evidence must be copied to the other party and filed with the Tribunal not later than September 10, 2012.

2On August 22, 2012, the respondent filed with the Tribunal and copied to the applicant a Request for an Order During Proceedings. The Request asks for an Order that the applicant provide certain specified information relevant to the applicant's claim for damages. On October 2, 2012, I issued a Case Assessment Direction (“CAD”) reminding the applicant of his obligations under Rules 16 and 17 of the Tribunal’s Rules of Procedure. The CAD directed the applicant to immediately file the materials required under Rules 16 and 17, and stated that, “if the applicant has not done so within 7 days of the date of this Case Assessment Direction, the Application may be dismissed as abandoned”.

3The CAD was sent by mail and email to the parties. There has been no response from the applicant’s e-mail address and the Tribunal’s correspondence has not been returned.

4In the circumstances, it appears that the applicant has chosen not to pursue his Application.

ORDER

5The Application is dismissed as abandoned, and the scheduled hearing days will be cancelled.