Bohdan Czornodolskyj v. Bombardier Inc., 2012 HRTO 411

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Bohdan Czornodolskyj

Applicant

-and-

Bombardier Inc.

Respondent

DECISION

Adjudicator: Ena Chadha

Date: February 27, 2012

Citation: 2012 HRTO 411

Indexed as: Czornodolskyj v. Bombardier

1This Application was deferred by way of Interim Decision 2009 HRTO 2193. Subsequently, counsel for the respondent informed the Tribunal that the Application was settled with the applicant and his union.

2By way of correspondence dated June 24, 2011 and October 7, 2011, counsel for the applicant indicated that it appeared that the applicant and his union had entered into a settlement with the respondent. Counsel for the applicant further indicated that, notwithstanding her attempts, she was unable to contact the applicant to have the Form 25 signed.

3On January 10, 2012, the Tribunal wrote to the parties and directed them to provide the Tribunal with confirmation that the Application was settled. The Tribunal stated that if the applicant failed to provide confirmation by January 20, 2012 the Application may be dismissed as abandoned. This letter was sent to the applicant directly, as well as care of his counsel.

4On January 13, 2012, counsel for the respondent wrote to the Tribunal and confirmed that the matter was settled and requested that the Tribunal close its file in this matter. Counsel for the respondent indicated that delay in finalizing the matter was as a result of the fact that counsel for the applicant was unableto contact the applicant.

5Pursuant to Rule 1.13 of the Tribunal’s Rules of Procedure, all parties are required to notify the Tribunal and other parties of any change in contact information. Further, Rule 5.4 of the Tribunal’s Rules of Procedure states that Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person.

6The applicant cannot be contacted by his counsel, has not provided the Tribunal with his current address or telephone number, and has failed to respond to the Tribunal’s January 10, 2012 correspondence.

7In the circumstances, the applicant is deemed to have abandoned the Application.

8Accordingly, the Application is dismissed.