Simpson v. Transglobe Property Management Services Limited, 2012 HRTO 2294

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Richard Simpson

Applicant

-and-

Transglobe Property Management Services Limited

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: December 6, 2012

Citation: 2012 HRTO 2294

Indexed as: Simpson v. Transglobe Property Management Services Limited

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 May 12, 2011.

2In Interim Decision 2011 HRTO 1645 issued September 2, 2011, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing Landlord and Tenant Board (“LTB”) proceedings.

3On September 6, 2012, the Tribunal wrote to the applicant’s counsel asking him to advise of the status of the LTB proceedings. By email dated October 9, 2012, counsel advised that he no longer acts for the applicant and that this matter was settled.

4On November 8, 2012, the Tribunal wrote to the applicant by regular mail at his address provided in the Application, and attached the Tribunal’s September 6, 2012 correspondence and counsel’s October 9, 2012 email response. The applicant was asked to respond to the Tribunal’s September 6, 2012 correspondence by November 19, 2012. The Tribunal’s correspondence to the applicant also indicated that if the matter was settled, the applicant could deliver and file a Request to Withdraw, or the parties could jointly file a Form 25 to confirm settlement. The letter went on to warn the applicant that failure to respond to the letter by November 19, 2012 might result in the Tribunal dismissing the Application as abandoned.

5The applicant has not responded to the Tribunal’s November 8, 2012 letter and the time for so doing has now passed. The Tribunal’s letter to the applicant has not been returned as undeliverable.

6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.