Human Rights Tribunal of Ontario
B E T W E E N:
Roger Bernicky Applicant
-and-
The Penny Market Ltd. Respondent
DECISION
Adjudicator: Eric Whist Date: March 27, 2012 Citation: 2012 HRTO 634 Indexed as: Bernicky v. The Penny Market Ltd.
1This Application was filed on August 4, 2011 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). The Application alleges discrimination in employment on the basis of disability.
2After the applicant filed his Application the Tribunal learned that the applicant’s address as set out on the application form was no longer current. The Tribunal was subsequently in contact with the applicant by telephone on several occasions to remind him to update his address. During the course of these conversations the applicant stated he did not wish to pursue his Application. In response, the Tribunal informed the applicant that if this was the case he should submit a request to withdraw.
3The applicant did not request to withdraw his Application nor did he update his address. As a consequence the Tribunal issued a Case Assessment Direction (“CAD”) on February 23, 2012 directing the applicant to provide a current address and to state whether he intended to pursue the Application. The CAD noted that the Tribunal had rescheduled the applicant’s hearing for April 19 and 20, 2012 and there was a need to resolve the applicant’s intentions given there was a possibility that the applicant might not attend the hearing. The CAD indicated that if the Tribunal did not hear from the applicant within 14 days of the date of the CAD that it might dismiss the Application as abandoned.
4On March 5, 2012 the Tribunal was in telephone contact with the applicant and obtained a new mailing address. A copy of the CAD was sent to the applicant on March 5, 2012. The Tribunal has not had a response from the applicant as of the date of this Decision.
5Given these circumstances, the Application is dismissed as abandoned and the Tribunal will close its file.
Dated at Toronto, this 27th day of March, 2012.
”Signed by”_____________
Eric Whist Vice-chair