HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
David Anamguya
Applicant
-and-
Intercon Security Limited
Respondent
DECISION
Adjudicator: Alan G. Smith
Indexed as: Anamguya v. Intercon Security Limited
BACKGROUND
1The applicant filed an Application for Contravention of Settlement (Form 18), pursuant to s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on March 2, 2012.
2Section 45.9(3) provides:
If a settlement of an application made under section 34 or 35 is agreed to in writing and signed by the parties, a party who believes that another party has contravened the settlement may make an application to the Tribunal for an order under subsection (8),
(a) within six months after the contravention to which the application relates; or
(b) if there was a series of contraventions, within six months after the last contravention in the series.
3On April 2, 2012, the Tribunal sent a letter to the applicant via Canada Post at the address indicated in the Application. The letter indicating that it appeared the Application is outside the Tribunal’s jurisdiction for the following reason:
In his application for Contravention of Settlement the Applicant is alleging that the Respondents have failed to comply with an HRTO final Decision; NOT that they have breached the Minutes of Settlement from a previous Application.
4The Tribunal’s correspondence directed the applicant to clarify whether or not an alleged breach of Minutes of Settlement occurred, as well as provide his intentions with respect to proceeding with the Application. The letter required a written response from the applicant by April 17, 2012. The Tribunal also indicated that if the applicant did not respond by the required date the Tribunal might consider the failure to respond as an abandonment of the Application and dismiss the Application on that basis.
5To date, the Tribunal has not received submissions from the applicant in response to the letter of April 2, 2012, nor has the Tribunal otherwise heard from the applicant since the Application was filed on March 2, 2012.
ORDER
6In the circumstances, the Application is dismissed as abandoned.
Dated at Toronto, this 24^th^ day of April, 2012.
“signed by”
Alan G. Smith
Member