Nenadov v. Ontario (Community Safety and Correctional Services), 2013 HRTO 1086

Human Rights Tribunal of Ontario

B E T W E E N:

Stephen Nenadov Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services, Steven Small, Katherine Kinger, John McFarlane, Steve Walker, Michael Goold, Judy Hagen, Richard Doner, Warren Hanton and Ann Fowler Respondents

DECISION

Adjudicator: Brian Eyolfson Date: June 18, 2013 Citation: 2013 HRTO 1086 Indexed as: Nenadov v. Ontario (Community Safety and Correctional Services)

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 July 25, 2011.

2In Interim Decision 2012 HRTO 284 issued February 9, 2012, the Tribunal deferred proceeding with this Application pending the completion of a union grievance raising some of the same issues.

3On February 22, 2013 the Tribunal wrote to the applicant. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letter of the status of the deferred proceeding. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned.

4The Tribunal subsequently learned that it inadvertently sent its February 22, 2013 letter to the applicant's home address and email, instead of to the address and email of the applicant's alternative contact, as provided by the applicant in his Form 1.

5Accordingly, by way of letter dated March 27, 2013, the Tribunal re-issued its February 22, 2013 letter to the applicant with a new timeline for filing a response, namely, April 29. 2013. The Tribunal's letter was sent to the address and email of the applicant's alternative contact, and was not returned as undeliverable.

6The applicant has not responded to the Tribunal's March 27, 2013 letter and the time for doing so has now passed.

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

8The Application is dismissed.