Baker v. Dowler-Karn Limited, 2012 HRTO 2269

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

William Baker

Applicant

-and-

Dowler-Karn Limited and David Karn

Respondents

DECISION

Adjudicator: David Muir

Date: December 4, 2012

Citation: 2012 HRTO 2269

Indexed as: Baker v. Dowler-Karn Limited

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"), alleging discrimination with respect to employment because of disability.

2On September 28, 2012 the Tribunal was advised by correspondence from the applicant copied to the respondents, that this case had been settled and indicated that subject to some matters being resolved the applicant would deliver and file a Request to Withdraw (Form 9).

3As of this writing and despite several communications with the applicant and respondent the applicant has not delivered and filed a Form 9 nor the parties filed a Form 25 indicating that the case has been settled and that the Tribunal can close its file.

4On November 6, 2012 the Tribunal was advised that the settlement funds had been received by the applicant's representative but had "not yet cleared their system." The Tribunal indicated that the parties should confirm the settlement either by the filing of a Form 9 or a Form 25 by November 13, 2012. Nothing has been heard from the parties since that last communication.

5There appears to be no issue that the case has settled as all of the correspondence on this issue has been delivered to all parties and the monies contemplated by the settlement have been delivered to the applicant.

6In all of the circumstances I find it appropriate to finally dispose of this case and close the Tribunal's file on the basis of the parties' advice that the case has settled.