HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Joseph Tesfai
Applicant
-and-
Her Majesty the Queen in right of Ontario as represented by the Ministry of Community Safety and Correctional Services and Brad Shoemaker
Respondents
DECISION
Adjudicator: Alan G. Smith
Indexed as: Tesfai v. Ontario (Ministry of Community Safety and Correctional Services)
BACKGROUND
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 October 4, 2010, and the respondents filed a Response on December 13, 2010.
2In the Application the applicant listed Harvey Consky of Consky & Associates as his representative; however, a fax from Mr. Consky dated December 9, 2010, indicated that he is not representing the applicant.
3In the Application the applicant also indicated that his preferred method of communication was by email; accordingly, the Tribunal sent a copy of the respondents' Response to the applicant by email on March 18, 2011.
4On July 11 and August 12, 2011, the Tribunal sent email messages to the applicant asking him to confirm his current contact information. No response was received from the applicant.
5On September 23, 2011, the Tribunal Registrar sent the applicant a letter by email and Canada Post requesting the applicant provide his current contact information and to advise the Tribunal of his intentions with respect to the Application. The applicant was warned that if he did not respond by October 3, 2011, the Tribunal could deem the Application abandoned and the close its file.
6The correspondence has not been returned and the applicant has not responded to the Tribunal's correspondence.
ORDER
7In the circumstances, the applicant is deemed to have abandoned the Application.
8The Application is dismissed.
Dated at Toronto, this 1st day of February, 2012.
"Signed by"
Alan G. Smith
Member