Domenic Lacquaniti v. Flewwelling Insurance Brokers, 2012 HRTO 41

Human Rights Tribunal of Ontario

B E T W E E N:

Domenic Lacquaniti Applicant

-and-

Flewwelling Insurance Brokers Respondent

DECISION

Adjudicator: Michelle Flaherty Date: January 9, 2012 Citation: 2012 HRTO 41 Indexed as: Lacquaniti v. Flewwelling Insurance Brokers

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 January 18, 2011, which alleged discrimination in employment on the basis of ancestry, place of origin and ethnic origin.

2The respondent filed a Response on July 13, 2011 and in its Response requested early dismissal of the Application without a full response, on the basis that the applicant had signed a full and final release with respect to the same matter dealt with in the Application.

3By letter dated October 3, 2011, the Tribunal forwarded by mail a copy of the Response to the applicant, noting that the respondent sought dismissal of the Application because the applicant signed a full and final release. The Tribunal’s October 3, 2011 letter requested that the applicant file a Response to the Request for Order in Form 11 by no later than October 17, 2011, and it warned that if the applicant failed to file a response to the respondent’s request for early dismissal the Application might be dismissed as abandoned.

4The applicant has not filed a Form 11, nor responded to the letter in any manner, and the time for doing so has now passed. The Tribunal’s letter of October 3, 2011 has not been returned to the Tribunal as undeliverable.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.